The Diplomatic Protection of Northern Irish Residents by the Republic of Ireland and the Regulation of Nationality in International Law

Abstract

This article analyses whether international law regulates nationality. The article considers whether the bare possession of nationality is capable of satisfying the nationality of claims prerequisite in diplomatic protection actions by a state on behalf of its nationals and it examines whether international law prescribes limits or has other consequences with regard to a state's ability to legislate in the field of nationality.More narrowly, the article considers the compatibility of Irish nationality law with public international law and examines whether the Republic of Ireland can exercise diplomatic protection over the residents of Northern Ireland, who are British nationals, many of whom having been vested with Irish nationality at birth by the Republic of Ireland.