The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.
Preface 1. Staatsvolk and homogeneity: from Weimar to the Maastricht decision of the German Federal Constitutional Court and beyond, Holger Hestermeyer 2. Nationality as a human right, Serena Forlati 3. Statelessness in the context of state succession: an appraisal under international law, Francesco Costamagna 4. Nationality of individuals in public international law: a functional approach, Alice Sironi 5. Nationality and diplomatic protection: a reappraisal, Annemarieke Vermeer-Künzli 6. Nationality and freedom of movement, Francesca De Vittor 7. Nationality and political rights, Delia Rudan 8. Nationality and social rights, Alessandra Annoni 9. Determining the nationality of companies in ICSID arbitration, Giulia D’Agnone 10. Nationality and regional integration: the case of the European Union, Pierluigi Simone 11. The evolving role of nationality in private international law, Pietro Franzina 12. Conclusions, Francesco Salerno
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.