Reviews on the principle of effective nationality/孙倩(3)
As stated in Art1 of the Hague Convention of 1930 on certain questions relating to the conflict of nationality laws, while it is for each state to determine under its own law who are its nationals, such law must be recognized by other states only “in so far as it is consistent with international conventions, international custom, and the principle of law generally recognized with regard to nationality”. In the “Nottebohm” case, the International Court of Justice regard nationality as: ‘a legal bond having as its basis a social fact of attachment, a genuine connection of existence and sentiments, together with the existence of reciprocal rights and duties. It may be upon whom it is conferred, either directly by the law or as a result of an act of the authorities, is in fact more closely connected with the population of the state conferring nationality than with that of any other state’ That is what is called the real and effective nationality. Deriving from the court’s opinion, the principle of effective nationality came into being. The essential parts of effective and real nationality are that which accorded with the facts, which based on stronger factual ties between the person concerned and one of the states whose nationality is involved. Different factors are taken into consideration, and their importance will vary from one case to the next: the habitual residence of the individual concerned is an important factor, but there are other factors such as the centre of his interests, his families, his participation in public life, attachment shown by him for a given country and inculcated in his children, etc. According to this principle, no state is under obligation to recognize a nationality granted not meeting the requirements of it. In the Nottebohm case, International Court of Justice first enunciated this principle and denied Liechtenstein the right to protect Nottebohm.
总共7页
[1] [2] 3
[4] [5] [6] [7] 上一页 下一页