The human right to citizenship / Yaffa Zilbershats.

Format:

Book

Author/Creator:

Zilbershats, Yaffa.

Language:

English

Subjects (All):

Citizenship.

Human rights.

Physical Description:

xvii, 257 pages ; 24 cm

Place of Publication:

Ardsley, N.Y. : Transnational Publishers, [2002]

Contents:

Chapter 1 The Definition of Citizenship 3

A. The Horizontal and Vertical Aspects 3

B. Citizenship and Nationality 4

Chapter 2 Citizenship and International Law 7

B. International Legal Sources Dealing With the Horizontal Aspect of Citizenship 8

1. Historical Background 8

2. Universal Human Rights Conventions 10

3. Regional Human Rights Conventions 12

4. Universal Conventions on Citizenship 12

5. Regional Conventions on Citizenship 13

6. The Normative Value of the Sources 14

C. The Scope of the Horizontal Aspect of International Human Right to Citizenship 15

1. The Elements of the Right 15

2. The Right to Obtain Citizenship 17

3. The Right to Retain Citizenship 22

4. The Right to Change Citizenship 25

5. Citizenship and Succession of States 27

D. The Vertical Aspect of Citizenship in International Law 33

2. Duties

Loyalty 34

3. Rights 36

a. Diplomatic Protection 36

ii. Injury to Property 38

iii. Injury to Persons 40

iv. Diplomatic Protection and International Human Rights Law 41

b. The Right to Enter and Stay in the State of Citizenship 43

i. Customary International Law 43

ii. Human Rights Conventions

General Comments 44

iii. Human Rights Conventions

The Right to Enter 44

iv. Human Rights Conventions

The Right to Remain 47

v. The Right Not To Be Extradited 51

c. Political Rights 57

ii. Upon Whom Are Political Rights Conferred? 58

4. Jurisdiction 60

b. Jurisdiction and Nationality 60

i. The Active Personality Principle 60

ii. The Passive Personality Principle 61

E. The Future Challenge 65

Chapter 3 The Horizontal Aspect of Citizenship

Theory and State Practice 71

1. The Scope of the Horizontal Aspect 71

2. Walzer's Theory 72

B. Basing Citizenship on Nexus to the Past 74

1. Defining the Nexus

Nationalism 74

2. Illustrations of the Application of Nexus to the Past 75

3. Dilemmas in Conferring Citizenship by Virtue of Nexus to the Past 79

a. The Nation

State Problem 79

b. Justifications for Nationalism 82

c. Further Dilemmas 83

C. Basing Citizenship on Nexus to the Present and Future 85

1. Defining the Nexus 85

2. Application of the Nexus to the Present and Future in the United States 85

3. Common Features of Nexus to the Past and Nexus to the Present and Future 89

D. Citizenship and Residence 94

1. Residence as the Basis of Citizenship 94

a. The Rationale Based on the Horizontal Aspect 94

b. The Rationale Based on the Vertical Aspect 95

2. Residence and Citizenship by Virtue of Naturalization 99

a. Requirement of Residence as a Precondition of Naturalization 99

b. The Duty to Grant Citizenship to a Resident of the State 101

c. Consent in the Grant of Citizenship by Virtue of Residence 108

3. Residence and Citizenship by Virtue of Birth 110

E. Conclusion

The Horizontal Aspect of Citizenship and Immigration Law 111

Chapter 4 Loyalty to the State 113

B. Loyalty for the Purpose of Defending the Existence of the State 114

1. What Is Embraced by This Concept and the Dilemmas Arising Therefrom 114

2. Defending Internal and External Security of the State 115

3. Aspects of the Duty of Loyalty from a Democratic Perspective 120

a. Defending the State from an External Foe 120

b. Defending the State from Destruction from Within 124

ii. Loyalty to the State and Freedom of Speech 125

iii. Loyalty to the State and Disobedience to the Law 130

C. Loyalty for the Purpose of Preserving the Identity and Values of the State 137

2. Objective and Subjective Loyalty 137

3. Loyalty to the State, Objective or Subjective? 140

a. Loyalty in the Past 140

b. Loyalty in the Present 142

4. The Oath of Loyalty to the State 146

D. Loyalty to the State and Citizenship 149

1. Who Is Obligated to Show Loyalty to the State? 149

2. Making Citizenship Contingent Upon Loyalty to the State 151

Chapter 5 Multiple Citizenship 155

A. Multiple Citizenship in International Law 155

B. Justification for Multiple Citizenship 157

C. The Problem of Multiple Citizenship 160

Chapter 6 Recent Political Changes and Citizenship 167

B. Understanding Globalization 167

C. Globalization and Citizenship 170

D. European Citizenship 171

2. The Vertical Aspect of European Citizenship 172

3. The Horizontal Aspect of European Citizenship 173

4. Acquisition of European Citizenship 175

E. Understanding Ethnization 176

F. Ethnization and Citizenship 178.

Notes:

Includes bibliographical references and index.

ISBN:

157105197X

OCLC:

49375794