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Concept of Nationality in International Law

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Chapter Summary

The concept of nationality is closely linked with the concept of the State and its sovereignty. Sovereignty grants the State supreme authority internally and when representing its subjects externally regardless of the size of the State on the basis of sovereign equality with other States. The chapter explores witers views on to what extent the rules and principles existent in international law would allow the conclusion that a ‘concept’ of nationality exists in international law. Human rights norms are integrated in this chapter along with the general international law approach to different concepts related to nationality. International law contains a certain set of rules and principles which apply independently from municipal law. Therefore, a concept of nationality exists in international law, albeit a limited one. It includes but does not derive from human rights.

Keywords:human rights; international law; municipal law; nationality; sovereign equality

10.1163/9789004251595_005
/content/books/b9789004251595s005
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