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Functions of Nationality in International and EU Law

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Chapter Summary

This chapter summarizes the various discussions on functions of nationality in international and EU law mentioned in the book. The book has attempted to identify standards applicable under international law on diplomatic protection as well as residence rights, including family reunification. Developments in international law, especially human rights law, have influenced our understanding about nationality. It has been argued in this book that the Court initially applied the Convention strictly. Under the EU Law, the chapter summarizes the dicussions on diplomatic protection, free movement and non-discrimination, and the right to family reunification. The right to join family and to reside in the territory of the host State is particularly protected in the case of children. The CJEU has already signalled that it may strengthen its approach in cases on fundamental rights.

Keywords:CJEU; diplomatic protection; EU Law; family reunification; free movement; international law; nationality

10.1163/9789004251595_027
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