The Effect of Changes of Sovereignty on Nationality PDF Download

Author: Luella Gettys
Publisher:
ISBN:
Category : Citizenship
Languages : en
Pages : 16

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Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 110703244X
Category : Law
Languages : en
Pages : 325

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This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Author: Rainer Arnold
Publisher: Springer
ISBN: 9789402413557
Category : Law
Languages : en
Pages : 197

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Book Description
The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).

Author: Stanley Engerman
Publisher: Routledge
ISBN: 113435746X
Category : Business & Economics
Languages : en
Pages : 408

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The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.

Author: T. Alexander Aleinikoff
Publisher: Brookings Institution Press
ISBN: 0870033387
Category : Political Science
Languages : en
Pages : 425

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The forms, policies, and practices of citizenship are changing rapidly around the globe, and the meaning of these changes is the subject of deep dispute. Citizenship Today brings together leading experts in their field to define the core issues at stake in the citizenship debates. The first section investigates central trends in national citizenship policy that govern access to citizenship, the rights of aliens, and plural nationality. The following section explores how forms of citizenship and their practice are, can, and should be located within broader institutional structures. The third section examines different conceptions of citizenship as developed in the official policies of governments, the scholarly literature, and the practice of immigrants and the final part looks at the future for citizenship policy. Contributors include Rainer Bauböck (Austrian Academy of Sciences), Linda Bosniak (Rutgers University School of Law, Camden), Francis Mading Deng (Brookings Institute), Adrian Favell (University of Sussex, UK), Richard Thompson Ford (Stanford University), Vicki C. Jackson (Georgetown University Law Center), Paul Johnston (Citizenship Project), Christian Joppke (European University Institute, Florence), Karen Knop (University of Toronto), Micheline Labelle (Université du Québec à Montréal), Daniel Salée (Concordia University, Montreal), and Patrick Weil (University of Paris 1, Sorbonne)

Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284

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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Author: Alexandre Skander Galand
Publisher: BRILL
ISBN: 9004342214
Category : Law
Languages : en
Pages : 278

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This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611

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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Author: Emer de Vattel
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 668

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Author: Ramon J. Jeffery
Publisher:
ISBN: 9789041197030
Category : Business & Economics
Languages : en
Pages : 192

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Book Description
This work examines the role of global economic change and the concepts of State sovereignty and jurisdiction in the creation and elimination of direct tax barriers to international trade and investment. Until now there has been no systematic study of the problems of such barriers to trade taking into account these fundamental elements. Here the author applies this new theoretical perspective to a number of specific international tax issues and aims to suggest practical solutions to the problems of direct tax distortions.The issues examined include: International tax non-discrimination; Treaty shopping; The prohibition on the extra-territorial enforcement of revenue laws; The need for tax co-ordination in the relations of the European Community (EC) and Member States with the rest of the world for the effective elimination of direct tax barriers within the EC. The Impact of State Sovereignty on Global Trade and International Taxation constitutes a valuable addition to the literature concerning the interface of trade and tax and international law, and the harmonisation of taxation within the EC. This work was awarded the 1998 Mitchell B. Carroll Prize by the International Fiscal Association for the best work devoted to international fiscal law or comparative tax law.