This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

The forms, policies, and practices of citizenship are changing rapidly around the globe, and the meaning of these changes is the subject of deep dispute. Citizenship Today brings together leading experts in their field to define the core issues at stake in the citizenship debates. The first section investigates central trends in national citizenship policy that govern access to citizenship, the rights of aliens, and plural nationality. The following section explores how forms of citizenship and their practice are, can, and should be located within broader institutional structures. The third section examines different conceptions of citizenship as developed in the official policies of governments, the scholarly literature, and the practice of immigrants and the final part looks at the future for citizenship policy. Contributors include Rainer Bauböck (Austrian Academy of Sciences), Linda Bosniak (Rutgers University School of Law, Camden), Francis Mading Deng (Brookings Institute), Adrian Favell (University of Sussex, UK), Richard Thompson Ford (Stanford University), Vicki C. Jackson (Georgetown University Law Center), Paul Johnston (Citizenship Project), Christian Joppke (European University Institute, Florence), Karen Knop (University of Toronto), Micheline Labelle (Université du Québec à Montréal), Daniel Salée (Concordia University, Montreal), and Patrick Weil (University of Paris 1, Sorbonne)

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.

This work examines the role of global economic change and the concepts of State sovereignty and jurisdiction in the creation and elimination of direct tax barriers to international trade and investment. Until now there has been no systematic study of the problems of such barriers to trade taking into account these fundamental elements. Here the author applies this new theoretical perspective to a number of specific international tax issues and aims to suggest practical solutions to the problems of direct tax distortions.The issues examined include: International tax non-discrimination; Treaty shopping; The prohibition on the extra-territorial enforcement of revenue laws; The need for tax co-ordination in the relations of the European Community (EC) and Member States with the rest of the world for the effective elimination of direct tax barriers within the EC. The Impact of State Sovereignty on Global Trade and International Taxation constitutes a valuable addition to the literature concerning the interface of trade and tax and international law, and the harmonisation of taxation within the EC. This work was awarded the 1998 Mitchell B. Carroll Prize by the International Fiscal Association for the best work devoted to international fiscal law or comparative tax law.

This second revised edition takes into account the decision of the International Court of Justice in the "Nottebohm Case" which was published just as the first edition was going to press and therefore received only cursory treatment. It also, of course, includes an analysis of international legislation adopted since 1955, including the 1961 UN Convention on the Reduction of Statelessness, the 1957 UN Convention on the Nationality of Married Women, and the 1966 International Covenant on Civil and Political Rights. The decisions of international tribunals and, in particular, of the Italian Conciliation Commissions are analysed. Finally, the author presents legislative, judicial and governmental practice during the twenty-two years. After beginning with a clear definition of terms, the author analyses the functions of nationality in international law, the relationship between municipal and international law and then the public international law of nationality. In this latter part, he examines international conventions, international custom and the principles of law generally recognized with regard to nationality. The book ends with a summary and conclusions dealing with the existing law and future developments.

Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.