Nationality Law
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Nationality Law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is gener ...
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Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ...
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Jus Matrimonii
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. The ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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Edward Elgar Publishing
Edward Elgar Publishing is a global publisher of academic books, journals and online resources in the social sciences and law. The company also publishes a social science and law blog with regular contributions from leading scholars. About Edward Elgar Publishing, founded in 1986, is an independent family-owned international publisher, with offices in Cheltenham and Camberley in the UK and Northampton, Massachusetts, in the USA. It specializes in the academic and professional market and publishes in the field of economics, law, management studies, public policy and social policy and the environment. The company has over 4,500 book titles in print and publishes more than 300 new titles a year. History The first Edward Elgar Publishing book titles were published in 1987 and included ''The Economics of Education and the Education of an Economist'' by Mark Blaug, ''The Economic Revival of Modern Britain'' by David Coates and John Hillard, and ''Economic Choice Under Uncertainty'' ...
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Gerard-René De Groot
Gerard-René de Groot (born 1951) is a Professor emeritus of Maastricht University in Comparative Law and Private International Law. He studied law at University of Groningen (the Netherlands) and at the Westfälische Wilhelmsuniversität Münster (Germany). De Groot obtained the degrees Magister iuris and Doctorandus iuris at Groningen University and taught there 1974–1982. He also obtained the degree of Doctor iuris at Maastricht University. In 1982 de Groot started to teach at Maastricht University and was subsequently appointed as a professor (retired in 2016). Since 2007 he has taught at the University of Aruba (West Indies). Gerard-René de Groot has published books and articles on nationality law, comparative law, private international law, legal translation and the protection of regional and minority languageHe is the President of thNetherlands Comparative Law Association De Groot is a Consortium member of the Global Citizenship ObservatoryGLOBALCIT and a co-Director ...
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Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possibl ...
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Diaspora
A diaspora ( ) is a population that is scattered across regions which are separate from its geographic place of origin. Historically, the word was used first in reference to the dispersion of Greeks in the Hellenic world, and later Jews after the Babylonian exile. The word "diaspora" is used today in reference to people who identify with a specific geographic location, but currently reside elsewhere. Examples of notably large diasporic populations are the Assyrian–Chaldean–Syriac diaspora, which originated during and after the early Arab-Muslim conquests and continued to grow in the aftermath of the Assyrian genocide; the southern Chinese and Indians who left their homelands during the 19th and 20th centuries; the Irish diaspora that came into existence both during and after the Great Famine; the Scottish diaspora that developed on a large scale after the Highland Clearances and Lowland Clearances; the nomadic Romani population from the Indian subcontinent; the Ita ...
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Consular Assistance
Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country who are living or traveling overseas. The diplomats may be honorary consuls, or members of the country's diplomatic service. Such assistance may take the form of: * provision of replacement travel documents * advice and support in the case of an accident, serious illness, or death * advice and support to victims of serious crime overseas, and arranging for next-of-kin to be informed * visitation contact with incarcerated nationals * liaison with local police officials in the case of nationals abducted or missing overseas * loans to distressed travellers * help during crises, such as civil unrest and natural disasters * facilitating the overseas payment of social welfare benefits * registering citizen births abroad * providing a list of local doctors and lawyers for medical and/or legal issues * supervising their flag vessels in foreign harbours Such assistance common ...
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Naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. The ...
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Cape Verde
, national_anthem = () , official_languages = Portuguese , national_languages = Cape Verdean Creole , capital = Praia , coordinates = , largest_city = capital , demonym = Cape Verdean or Cabo Verdean , ethnic_groups_year = 2017 , government_type = Unitary semi-presidential republic , leader_title1 = President , leader_name1 = José Maria Neves , leader_title2 = Prime Minister , leader_name2 = Ulisses Correia e Silva , legislature = National Assembly , area_rank = 166th , area_km2 = 4033 , area_sq_mi = 1,557 , percent_water = negligible , population_census = 561,901 , population_census_rank = 172nd , population_census_year = 2021 , population_density_km2 = 123.7 , population_density_sq_mi = 325.0 , population_density_rank = 89th , GDP_PPP ...
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