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The Legality under International Human Rights Law of Citizenship Deprivation as a Security Measure in the UK

Collins, Susanna LU (2022) JAMM07 20221
Department of Law
Faculty of Law
Abstract
This thesis will examine the question of whether the UK’s use of nationality deprivation as a security measure is in accordance with its obligations under international human rights law. As the UK has defended its use of such measures through reference to the traditional reservation of nationality matters to the sovereign preserve of states, a short history of the extent to which international law has regulated nationality will first be provided to place this assertion in context. This will be followed by a discussion of relevant international human rights law relating to the human right to nationality, that will prove that state discretion in laws pertaining to nationality laws is in fact limited by international obligations. An in-depth... (More)
This thesis will examine the question of whether the UK’s use of nationality deprivation as a security measure is in accordance with its obligations under international human rights law. As the UK has defended its use of such measures through reference to the traditional reservation of nationality matters to the sovereign preserve of states, a short history of the extent to which international law has regulated nationality will first be provided to place this assertion in context. This will be followed by a discussion of relevant international human rights law relating to the human right to nationality, that will prove that state discretion in laws pertaining to nationality laws is in fact limited by international obligations. An in-depth analysis will be made of the development of domestic law on nationality deprivation as a security measure in the UK, with a focus on the period from 2002 to the present day. Finally, the UK system will be analysed through the application of the above examined international legal regimes, as well as relevant obligations under European instruments. This thesis will conclude that the use by the UK of nationality deprivation as a security measure is illegal under international human rights law. (Less)
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author
Collins, Susanna LU
supervisor
organization
course
JAMM07 20221
year
type
H2 - Master's Degree (Two Years)
subject
keywords
citizenship deprivation, nationality deprivation, national security, counter-terrorism, foreign terrorist fighters, UK, international human rights law, international law
language
English
id
9096799
date added to LUP
2022-08-23 16:40:58
date last changed
2022-08-23 16:40:58
@misc{9096799,
  abstract     = {{This thesis will examine the question of whether the UK’s use of nationality deprivation as a security measure is in accordance with its obligations under international human rights law. As the UK has defended its use of such measures through reference to the traditional reservation of nationality matters to the sovereign preserve of states, a short history of the extent to which international law has regulated nationality will first be provided to place this assertion in context. This will be followed by a discussion of relevant international human rights law relating to the human right to nationality, that will prove that state discretion in laws pertaining to nationality laws is in fact limited by international obligations. An in-depth analysis will be made of the development of domestic law on nationality deprivation as a security measure in the UK, with a focus on the period from 2002 to the present day. Finally, the UK system will be analysed through the application of the above examined international legal regimes, as well as relevant obligations under European instruments. This thesis will conclude that the use by the UK of nationality deprivation as a security measure is illegal under international human rights law.}},
  author       = {{Collins, Susanna}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Legality under International Human Rights Law of Citizenship Deprivation as a Security Measure in the UK}},
  year         = {{2022}},
}