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Principles of International Law Tha tGovern Nationality and Areas of International Law Influenced by Multiple Nationality

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Chapter Summary

This chapter argues that current state practice in many respects favours multiple nationality, in the sense that states’ legislation contributes to its production, and evinces in most cases a direct acceptance of its existence. Any enquiry into the effects of state practice on rules of international law related to nationality must start with what must be the most basic or fundamental principle of this area of law, the principle that questions of nationality fall within the domestic jurisdiction of each state. The conclusion thus seems inevitable that, barring more stringent obligations from other areas of international law such as the law of international human rights, the abandoned penalty of banishment is not negated by principles of international law related to nationality, as long as another state accepts the individual so treated.

Keywords: current state practice; international human rights; international law; multiple nationality



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