Nationality and Statelessness

Question 1

The status of belonging to a particular nation. The individual membership that shows a person’s relationship with the state

Answer 1

Nationality

Question 2

political status, person is recognized as a citizen of a country.

Answer 2

Citizenship

Question 3

Can nationality be reversed?

Answer 3

No

Question 4

Can citizenship be reversed?

Answer 4

yes

Question 5

What is the doctrine of effective nationality?

Answer 5

Within a third State (a state not a party to the treaty), a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any conventions in force, a third State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be in fact most closely connected.

Question 6

What is statelessness?

Answer 6

status of a person without nationality or citizenship

Question 7

What are the 2 types of statelessness?

Answer 7

De jure and De facto

Question 8

What is de jure statelessness?

Answer 8

not considered national by any state under the operation of its laws.

Question 9

What is de facto statelessness?

Answer 9

still a national or citizen of his or her country but unable to attain diplomatic/ consular protection due to persecution, lack of diplomatic relations in the state he or she is in, or they themselves renounces the assistance of the said services.

Question 10

What is an “alien”?

Answer 10

foreign born person who has not qualified to as a citizen of the country where he is a resident.

Question 11

What is deportation?

Answer 11

removal of non-citizen from the territory of a particular state, It typically occurs after an alien or immigrant violates immigration law.

Question 12

What is reconduction?

Answer 12

refers to practice of some states whereby destitute aliens, foreign vagabonds, suspicious aliens without identity papers, alien criminals who have served their prison terms are arrested and set back to their states of origin without formalities.

Question 13

What is persona non grata?

Answer 13

Unwelcome person, diplomatic representative who is unacceptable to a receiving government.

Question 14

What is state responsibility?

Answer 14

the principles that govern when and how a state is held responsible for a breach of an international obligation.

Question 15

What are the element of state responsibility?

Answer 15

• Unlawful act or omission- breach of an international obligation arising from treaty, custom or judicial decision.
• Attributability of the act to the State- Official acts of officers and organs of the State are attributable to the State. The acts of such officers and State organs are still attributable to the State even if they acted outside the sphere of their competence as granted by national law, so long as they acted in their official capacity and used the means placed in their disposal.

Question 16

What are the consequences of State responsibility?

Answer 16

1. official apology
2. restitution of property unlawfully taken or in kind
3. monetary compensation
4. any combination of the three

Question 17

What happens if reprations for the consequences of state reponsibility fails?

Answer 17

1. suspension of trade relations.

a. must be preceded by an unsatisfied demand for reparation

b. must be proportionate to the injury suffered and must not comprise of action that is of itself generally unlawful

Question 18

What is the standard treatment of aliens?

Answer 18

How countries should treat foreigners in their country regardless of national law towards their own citizens.

Question 19

What are the two standards treatments of aliens?

Answer 19

1. International Minimum Standard (IMS)- Irrespective (regardless of) of how national law allows the State to treat its own citizens, it must treat foreigners within its territory by reference to an international minimum standard. “To be responsible internationally, the treatment of alien should amount to an outrage, bad faith, willful neglect of duty or to an insufficiency of governmental action so far short of international standards that every reasonable and impartial man would readily recognize the insufficiency.”
2. National Standard (NS)- a state is responsible only if it fails to accord foreign nationals the same standard of treatment afforded to its own nationals.

Question 20

what is the Calvo Clause?

Answer 20

contractual clause between a foreign national and a State whereby the foreign national agrees in advance to submit all disputes to local courts and waive his entitlement to diplomatic protection.

The doctrine is used mainly in concession contracts in order to give local courts final jurisdiction and to anticipate and prevent any recourse to diplomatic intervention.

Question 21

Why is the calvo clause open to doubt?

Answer 21

Its validity is open to doubt because the right of diplomatic protection is a right that belongs to a State, not to the injured individual and therefore cannot be validly waived by the latter.

Question 22

What is the Drago doctrine?

Answer 22

PROPOSES THAT STATES MUST NOT USE ARMED INTERVENTION AGAINTS OTHER STATES TO COLLECT DEBTS ARISING FROM GOVERNMENT LOANS.

Question 23

What is extradition?

Answer 23

• removal of a person from a requested (extraditing) state to a requesting state for criminal prosecution or punishment.
• surrender of an individual by the state within whose territory he is found to the state under whose laws he is alleged to have committed a crime or to have been convicted of a crime.
• NOTE: a state has NO obligation to extradite, unless there is a treaty. Only when there is an applicable treaty would the requested State be obliged to extradite to the requesting State the person sought (extraditee).

Question 24

What are the principles of extradition?

Answer 24

• Dual or double criminality- a person may be extradited only when his actions constitute an offense in both the requesting and requested States.
• Specialty- an extraditee can only be prosecuted for the offense for which his extradition was granted and he may not be extradited to a third state for offenses committed before his extradition to the requesting state.

Question 25

What are the two kinds of extradition?

Answer 25

List treaty and dual criminality treaty

Question 26

What is a list treaty?

Answer 26

• list of crimes is enumerated for which a state may extradite a person upon the request of another state to the treaty
• most common extradition treaty

Question 27

What is dual criminality treaty?

Answer 27

allows the extradition of a person if the crime he has committed in the requesting state is also considered a crime in the extraditing state and the punishment for the crime is more than one-year imprisonment in both countries

Question 28

What is the nature of extradition?

Answer 28

“Sui generis” proceeding, class of its own, non-criminal in nature. NOT A CRIMINIAL PROSECUTION

Question 29

What is the Attentant clause?

Answer 29

• French, “an attempt on someone’s life.”
• the murder of the head of state or any member of his family is not to be regarded as a political offense for purposes of extradition.

Question 30

Difference between extradition and deportation

Answer 30

Extradition, he is wanted to stand trial in the requesting state for a crime he committed there or he had already been convicted by the requesting State’s court and he is wanted for his sentence. Deportation, alien did something illegally outrageous in the country he/she is in