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Access to Nationality

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Chapter Summary

Although access to nationality is important from the point of view of international law it is still predominantly regulated by national laws. This chapter focuses on the main principles of acquisition of nationality so far adopted by States as they are reflected in international law. It discusses the three most common preconditions for naturalisation: habitual residence, consent of the individual and the existence of an effective link to the State. The principles of effective link and dominant nationality deserve particular attention because their application in the EU differs from their role and application in international law. Effective link remains instrumental in cases of naturalisation and cases of State succession. The chapter sheds light on why those principles as developed in international law might not necessarily be suitable for the EU as an area including a group of States.

Keywords:consent; habitual residence; international law; nationality; naturalisation; state succession



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