The Law Governing the Determination of Citizenship
The Law Governing the Determination of Citizenship
Author(s): Hamid Mohammadi, Nejad Ali Almasi, Rabia Eskini, Maasoud Alirzi VarkiSubject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Asociaţiunea Transilvană pentru Literatura Română şi Cultura Poporului Român - ASTRA
Keywords: rule of law; conflict of laws; double citizenship; effective citizenship;
Summary/Abstract: The domestic courts of the countries with regard to the resolution of the issues of private law, which have an external element of nationality, are divided into two categories: courts that have both the citizenship of the state and the foreign government, and the courts that are beneficiaries of the two countries are foreign. Its first category He considers the person solely a national of his own government and considers his foreign citizenship to be prohibited. Secondary courts are required to choose a nationality. Therefore, if a particular agreement is reached between the country of the court of the court and one of the countries concerned about the preference for the nationality of the country, it must agree on it, but if there is no agreement, different theories The choice of one of the nationalities is most commonly the dominant and effective choice of citizenship choice.International courts, mainly in the context of a lawsuit filed by a government of a person with a dual nationality in support of him against another government of that person. These tribunals are also divided into two categories: 1. A mechanism in which the method of resolving the conflict of citizenship is determined by the statutes or subsequent agreements and should decide according to that method.2.If a particular method to solve the conflict of citizenship in them before Which is usually referred to as the theory of the non-accountability of governments towards their own nationals or the theory of the choice of dominant and effective nationality, which, given the current approach, and in particular the judgment of the Iran-US Arbitration Court, is the heaviest of the second theory.
Journal: Astra Salvensis - revista de istorie si cultura
- Issue Year: VI/2018
- Issue No: Sup. 1
- Page Range: 111-121
- Page Count: 11
- Language: English