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Articles 1 - 30 of 75
Full-Text Articles in Law
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson
Washington Law Review
Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …
Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Pace International Law Review
Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
Emory International Law Review
The Urdu-speaking community in Bangladesh, commonly known as the “Biharis” or “Stranded Pakistanis,” has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces widespread discrimination, primarily because of the Bangladeshi bureaucracy’s systemic neglect and the community’s former refugee and stateless status. This study examines to what extent Urdu-speakers are now able to enjoy full citizenship rights. It also assesses the government of Bangladesh’s existing policies and the relationship between citizenship and the law, comprising of both …
A New Narrative Of Statelessness, David Baluarte
A New Narrative Of Statelessness, David Baluarte
Scholarly Articles
Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam
Theses and Dissertations
Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …
The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar
The Integration And Securitization Of Muslim Migrants In Europe, Yasmeen Nawwar
Theses and Dissertations
In its efforts to integrate newly entering migrants into their societies, Europe has established integration policies that negatively impact these migrants, especially those from racialized backgrounds. The policies mask an agenda of securitization against outsiders who are falsely considered to be a danger to national security and national identity. Since the 9/11 attacks on the World Trade Center in the United States, many Western countries, including European countries, began to build a culture of fear against Muslims. Europe began to increasingly associate migrants with problems such as trafficking, radicalization, and terrorism. As a result, Europe began to treat migration as …
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King
Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
The Role Of Transnational Identity And Migration, Enid Trucios-Haynes
Enid F. Trucios-Haynes
No abstract provided.
Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz
Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz
Notre Dame Journal of International & Comparative Law
In the wake of the Syrian Civil War, millions of persons have been displaced from their homes. As desperate families flee zones of conflict, they leave all but their most precious belongings behind, in search of safety in neighboring countries. The path to safety and security, however, is a dangerous one. Displaced persons must traverse national borders, military checkpoints, and journey great distances to find safe haven. Unfortunately, Syrian families often do not carry identification documents to establish a legal recognition of their nationality in foreign lands. Consequently, this population of refugees is left vulnerable to the ugly reality of …
Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert
Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert
University of Baltimore Journal of International Law
No abstract provided.
The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope
University of Baltimore Journal of International Law
What is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and …
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
Citizenship Overreach, Peter J. Spiro
Citizenship Overreach, Peter J. Spiro
Michigan Journal of International Law
This Article examines international law limitations on the ascription of citizenship and national self-definition. The United States is exceptionally generous in its extension of citizenship. Alone among the major developed states, it extends citizenship to almost all persons in its territory at the moment of birth. This birthright citizenship is constitutionally protected under the Fourteenth Amendment. At the same time that it is generous at the front end, U.S. citizenship is sticky at the back. Termination of citizenship on the individual’s part can involve substantial fees. Expatriation is contingent on tax compliance and, in some cases, will implicate the recognition …
A Global Perspective On Citizenship-Based Taxation, Allison Christians
A Global Perspective On Citizenship-Based Taxation, Allison Christians
Michigan Journal of International Law
This Article contends that, with regard to individuals who reside permanently outside of the United States, the global assistance sought under FATCA to enforce U.S. income taxation solely on the basis of citizenship violates international law. It argues that insisting upon foreign cooperation with the FATCA regime, under threat of serious economic penalties, is inconsistent with universally accepted norms regarding appropriate limits to the state’s jurisdiction to tax, while also being normatively unjustified. Accordingly, FATCA should be rejected by all other nation states to the extent it imposes any obligations with respect to individuals who permanently reside outside of, and …
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch
Michael Kirsch
This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard. These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …
Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu
Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu
Maryland Law Review
No abstract provided.
Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence, Michael Kirsch
Tax Treaties And The Taxation Of Services In The Absence Of Physical Presence, Michael Kirsch
Journal Articles
It is old news that modern technological developments have strained long‐standing international tax policies and principles. Tax treaties have attempted to keep pace by fitting these new developments within the existing framework. This brief article addresses one aspect of technological developments that can directly affect individual taxpayers—the increasing ability to deliver personal services electronically across borders, without the need for the service provider to have a physical presence in the “source” country. In particular, it focuses on recent developments with the U.N. Model, which may allow source‐based taxation of at least some types of services income even in the absence …
Passports And Nationality In International Law, Adam I. Muchmore
Passports And Nationality In International Law, Adam I. Muchmore
Adam I. Muchmore
Shifts in state control over territory can have substantial consequences for the nationality of individuals. This Article explores situations where an individual finds that the state which issued him a passport no longer recognizes his nationality. The law of binding state action, a set of broadly-accepted rules regulating state representations to other states, may provide more protection for passport-holders than the “soft” norms of human rights law.
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz
Georgia Journal of International & Comparative Law
No abstract provided.
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Georgia Journal of International & Comparative Law
No abstract provided.
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Berta E. Hernández-Truyol
An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Voiceless Victims: Sex Slavery And Trafficking Of African Women In Western Europe, Melanie R. Wallace
Georgia Journal of International & Comparative Law
No abstract provided.
Revisiting The Tax Treatment Of Citizens Abroad: Reconciling Principle And Practice, Michael Kirsch
Revisiting The Tax Treatment Of Citizens Abroad: Reconciling Principle And Practice, Michael Kirsch
Journal Articles
In an increasingly mobile world, the taxation of citizens living abroad has taken on increased importance. Recent international administrative developments — most notably, the weakening of foreign bank secrecy and expansion of global information sharing norms — have further raised the profile of this issue. While U.S. law traditionally has taxed U.S. citizens living abroad in the same general manner as citizens living in the United States, a number of scholars have proposed abandoning the use of citizenship as a jurisdictional basis to tax. In its place, they would apply residence-based principles — i.e., exercising full taxing rights over U.S. …
Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink
Brittany Fink
No abstract provided.
Your View: The Stateless State Of Caribbean Residents, Irene Scharf
Your View: The Stateless State Of Caribbean Residents, Irene Scharf
Faculty Publications
On the Caribbean island of Hispanola, shared by Haiti and the Dominican Republic, grave human rights concerns affecting those of Haitian descent living in the Dominican Republic have recently erupted. Over the years, thousands of Haitians have come to the Dominican Republic to work the farms there and provide cheap construction and other manual labor. Recently, with the economic and natural disasters that have befallen Haiti, more Haitians have been arriving in the Dominican Republic. Many have put down roots and are raising families. Today, an estimated 200,000 people born in the Dominican Republic have parents who were born in …
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
Indiana Journal of Global Legal Studies
To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …
Citizenship After The Conservative Movement, Elisabeth Zoller
Citizenship After The Conservative Movement, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Citizenship as a societal and political value has undergone major transformations under the conservative movement that took the lead in western democracies over the past forty years. In defining liberty as "absence of coercion" or "freedom from any restraint," the conservatives distorted the meaning of true liberty, which is "ordered liberty." In insisting on self-reliance as the prerequisite of individual insertion in society, they have precipitated an abatement in citizens' social and political rights that have had lingering effects on the social fabric, even today. Although these developments are domestic in nature, they greatly impact globalization insofar as they accelerate …
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
Indiana Journal of Global Legal Studies
This Article, based on ethnographic fieldwork with an undocumented, youth-led immigrant rights organization, explores undocumented youth activism in the United States in relation to global anti-deportation movements. The strategies that undocumented youth utilize in their fight for the DREAM Act, a bill that creates provisions for certain undocumented youth to legalize their status, are compared with examples of anti-deportation activism outside the United States. In comparing the DREAM Act movement with anti-deportation movements globally, three points of commonality emerge: (1) leadership of undocumented immigrants; (2) visibility; and (3) measures of "deservingness." This Article argues that comparing examples of immigrant activism …
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Indiana Journal of Global Legal Studies
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein
Richard Daniel Klein
No abstract provided.