The effect of the principle of sovereign equality on the settlement of multiple nationality relations

Abstract

Multiple (or plural) nationality is a phenomenon that can be considered both in domestic and international legal perspectives. It has been the subject of controversy for a long time, and no consensus has been developed on this problem. The purpose of this article is to identify the nature of the influence of the basic principle of international law – sovereign equality - on the international legal regulation of multiple and dual nationality relations by examining the effectiveness and compliance with this principle of the methods of resolving bi- and polypatrism cases, developed by science and judicial practice. The article analyzes the possibility of exercising state sovereignty in the diplomatic protection of one’s citizen from the state whose nationality he also possesses. By studying and analyzing the relevant provisions of international treaties, court practice, the Draft articles on diplomatic protection of the UN International Law Commission, the article concludes that the only, albeit imperfect, way to resolve such cases today is the principle of effective nationality.