Professional Documents
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Nationality, Extradition & Asylum
Nationality, Extradition & Asylum
Importance.
• Nationality is the principal link between an indl and IL. Nationality
has often been used as a justification for the intervention of a govt.
to protect another country. It creates rights only in favour of a State
whose nationals they are.
• In a number of cases, the PCIJ has held that States may by
agreement take matters, such as nationality, out of domestic
jurisdiction and make them of international concern and subject to
international jurisdiction. [Case concerning certain German interests in
upper Silesia; Treatment of Polish Nationals in Danzing territory; etc.]
Starke pointed out the u/m importance of Nationality under IL:
1. The protection of rights of diplomatic agents are the consequence
of nationality.
2. If a State does not prevent offences of its nationals or allows them
to commit such harmful acts as might affect other States, then that
State shall be responsible for the acts committed by such person.
3. Ordinarily, States do not refuse to take the person of their
nationality.
4. Nationality may also mean that the national of a State may be
competent to do military service for the State.
5. State can refuse to extract its own nationals.
6. During war, enemy character is determined on the basis of
nationality.
7. States frequently exercise jurisdiction over criminal and other matters
over the persons of their nationality.
1. By Release. In some States law provides that the citizens may loose
nationality by release. It is necessary to submit an application for the
same. Once the application is accepted the person concerned is
released from the nationality of the State concerned.
2. By Deprivation. Certain States law may provide that if the national of
that state without seeking permission of the govt. obtains
employment in another State, he will be deprived of his nationality.
3. Long Residence Abroad. State laws of many States contain
provisions in this connection that if a person resides for a long
period abroad, his nationality ends.
4. By Renunciation. A person may renounce his nationality esp when a
person acquires nationality of more than one State.
5. Substitution. Some States provide for substitution of nationality.
DOUBLE NATIONALITY & NATIONALITY OF MARRIED WOMAN