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Functions of Nationality

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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

10.1163/9789004251595_009
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