Recent publications on citizenship laws and policies

 

Incongruent migration categorisations and competing citizenship claims: ‘return’ and hypermigration in transnational migration circuits


By Elaine Lynn-Ee Ho, JEMS, July 2016

Recent scholarly interventions propose that the principle of jus nexi (effective connections) or jus domicile (domicile) should replace birthright or birthplace considerations when assigning citizenship status and political membership. Nonetheless, both views privilege notions of territorial presence and the ideal of political community. This paper focuses on Mainland Chinese return migration from Canada to metropolitan cities in China. The dual citizenship restriction enforced by China means those that naturalised in Canada have relinquished their right to Chinese citizenship. Should they be considered returnees, immigrants or transnational sojourners in their ancestral homeland? It is this incongruence in migration categorisations compared to migrant life-worlds that this paper aims to examine. The paper also highlights the interface of competing claims to citizenship in the context of Chinese internal migration and new (African) immigration in China, as well as the returnees’ own transnational migration across the lifecourse. It argues that the ordering mechanisms that characterise normative conceptions of citizenship focus on isolated types of migration trends whereas what confronts us more urgently are intersecting migration configurations that underline the incongruence of migration categorisations and the complexity of competing citizenship claims spatially and temporally.

Read at JEMS website.

 

International Standards on Nationality Law. Texts, cases and materials


By Gerard-René de Groot and Olivier W. Vonk, Wolf Publishers 2016

While nationality law has traditionally been part of the nation-state’s ‘reserved domain’, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals regarding nationality law. Together these materials reflect the currently existing status of nationality under international law. In addition, from being a stable field of law, nationality law has been subject to growing instrumentalization and change. International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality of convicted terrorists, and ‘citizenship-for-sale’ programmes. Extensive bibliographical references have been included throughout, enabling the reader to identify relevant publications for further reading.

Details at publisher’s website.

 

Erased. Citizenship, Residence Rights and the Constitution in Slovenia


By Neza Kogovsek Salamon, Peter Lang 2016

This book is about the «erasure», a process by which the Republic of Slovenia unlawfully deprived 25 671 of its residents of their legal status following the country's secession from the former Yugoslavia in 1992. After losing their status, these individuals were left without any rights on the territory of Slovenia. Since the Slovenian state refused to remedy the problem for many years, the European Court of Human Rights took up the case. In the 2012 Kuric and Others v. Slovenia decision, the Grand Chamber found that Slovenia had violated human rights. This book describes the full background of this case and examines its constitutional implications.

Details at the publisher’s website.

 

 

 

At Home in Two Countries. The Past and Future of Dual Citizenship


By Peter J Spiro, NYU Press 2016

The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached.At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

Details at NYU Press website.

 

Citizenship as a Human Right. The Fundamental Right to a Specific Citizenship


By Gonçalo Matias, Palgrave 2016

This book examines a stringent problem of current migration societies—whether or not to extend citizenship to resident migrants. Undocumented migration has been an active issue for many decades in the USA, and became a central concern in Europe following the Mediterranean migrant crisis. In this innovative study based on the basic principles of transnational citizenship law and the naturalization pattern around the world, Matias purports that it is possible to determine that no citizen in waiting should be permanently excluded from citizenship. Such a proposition not only imposes a positive duty overriding an important dimension of sovereignty but it also gives rise to a discussion about undocumented migration. With its transnational law focus, and cases from public international law courts, European courts and national courts, Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship may be applied to virtually anywhere in the world.

Details at publisher’s website.