Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Functions of Nationality

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter deals with two most important functions which nationality has at the international level, i.e., diplomatic protection and free movement rights. It pays due regard to changes caused by international migration. Questions have arisen in relation to what should be an injury to give rise to diplomatic protection and what should be the relationship between the State and the individual for the State to bring a claim. The first is important because it indicates to what extent an established standard exists in international law for treatment of persons irrespective of their nationality. The second is of interest to inquire to what extent nationality still plays a role as a precondition for international protection. International law is concerned with the duty of admission in two aspects: the extent the State is under a duty to admit its nationals and a prohibition to expel them, and allow the entry of aliens.

Keywords:diplomatic protection; duty of admission; free movement rights; international law; international migration; nationality



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    EU Citizenship, Nationality and Migrant Status — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation