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Master Nationality Principle in Third Party Countries - A comparative study on the right to diplomatic protection to individuals with dual nationality in third party countries

Schanner, Christian LU (2013) LAGF03 20132
Faculty of Law
Department of Law
Abstract
The purpose of this dissertation is to compare the Master Nationality principle in four different countries, to establish how the principle is handled in these countries, and to find out the actual effect for the individuals with dual nationality in that country. For this purpose I will also aim to determine current international customary law and find out how it relates to the Hague Convention on Certain Questions Relating to the Conflict of Nationality Law.
Throughout my dissertation I have been able to determine that the 4th and 5th article of the HCCNL are not an expression of international customary law. Currently, the principle of effective nationality has replaced the doctrine of non-responsibility and has ascended to be the... (More)
The purpose of this dissertation is to compare the Master Nationality principle in four different countries, to establish how the principle is handled in these countries, and to find out the actual effect for the individuals with dual nationality in that country. For this purpose I will also aim to determine current international customary law and find out how it relates to the Hague Convention on Certain Questions Relating to the Conflict of Nationality Law.
Throughout my dissertation I have been able to determine that the 4th and 5th article of the HCCNL are not an expression of international customary law. Currently, the principle of effective nationality has replaced the doctrine of non-responsibility and has ascended to be the current meaning of the Master Nationality principle. I have also been able to conclude that there does not seem to be any particular correlation between legal families and the stance of multiple nationalities, and that a country’s stance on dual nationality, when one of them is its own national, is not necessarily reflective on the recognition of other dual nationals. I have been able to determine that the stance of the United States and Denmark seems to reflect current international law, where any state of which a dual national is a national may exercise diplomatic protection, which is also evident in the draft articles of the International Law Commission. The view of the United Kingdom does not seem to align as well with international customary law but it does correlate with the HCCNL, which the United Kingdom is a signatory to. Sweden, on the other hand, is also a signatory to the HCCNL but has not shown to take any steps towards implementing the 5th article of the HCCNL, which leaves them in a bit of a pickle internationally, should any contracting member raise demands concerning it. It is therefore my opinion that Sweden needs to immediately either implement the HCCNL or quickly denounce it, alternatively reserve itself against article 5. (Less)
Please use this url to cite or link to this publication:
author
Schanner, Christian LU
supervisor
organization
course
LAGF03 20132
year
type
M2 - Bachelor Degree
subject
keywords
public international law, comparative law, dual nationality, diplomatic protection, consular notification
language
English
id
4228350
date added to LUP
2014-01-30 14:31:07
date last changed
2014-01-30 14:31:07
@misc{4228350,
  abstract     = {The purpose of this dissertation is to compare the Master Nationality principle in four different countries, to establish how the principle is handled in these countries, and to find out the actual effect for the individuals with dual nationality in that country. For this purpose I will also aim to determine current international customary law and find out how it relates to the Hague Convention on Certain Questions Relating to the Conflict of Nationality Law. 
Throughout my dissertation I have been able to determine that the 4th and 5th article of the HCCNL are not an expression of international customary law. Currently, the principle of effective nationality has replaced the doctrine of non-responsibility and has ascended to be the current meaning of the Master Nationality principle. I have also been able to conclude that there does not seem to be any particular correlation between legal families and the stance of multiple nationalities, and that a country’s stance on dual nationality, when one of them is its own national, is not necessarily reflective on the recognition of other dual nationals. I have been able to determine that the stance of the United States and Denmark seems to reflect current international law, where any state of which a dual national is a national may exercise diplomatic protection, which is also evident in the draft articles of the International Law Commission. The view of the United Kingdom does not seem to align as well with international customary law but it does correlate with the HCCNL, which the United Kingdom is a signatory to. Sweden, on the other hand, is also a signatory to the HCCNL but has not shown to take any steps towards implementing the 5th article of the HCCNL, which leaves them in a bit of a pickle internationally, should any contracting member raise demands concerning it. It is therefore my opinion that Sweden needs to immediately either implement the HCCNL or quickly denounce it, alternatively reserve itself against article 5.},
  author       = {Schanner, Christian},
  keyword      = {public international law,comparative law,dual nationality,diplomatic protection,consular notification},
  language     = {eng},
  note         = {Student Paper},
  title        = {Master Nationality Principle in Third Party Countries - A comparative study on the right to diplomatic protection to individuals with dual nationality in third party countries},
  year         = {2013},
}