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.
Table of Contents
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
Alessandra Annoni is a researcher in International Law at the University of Catanzaro, Italy. She teaches Public International Law, Private International Law and a Jean Monnet Module on European Migration Law. Her research interests include International Humanitarian Law and Human Rights Law.
Serena Forlati is associate professor of International Law at the Law Faculty of the University of Ferrara, Italy. Her current research interests focus on public international law, especially international human rights and international dispute settlement.