Foreign Citizenship Research Articles

Allegiance, Foreign Citizenship and the Constitutional Right to Stand for Parliament

In 2017, in Re Canavan, the High Court of Australia found five sitting Members of the Commonwealth Parliament to be citizens of a ‘foreign power’ and thus ineligible, under s 44(i) of the Constitution, to hold their seats. In 2018, in Re Gallagher, the High Court found that a Senator who had attempted unsuccessfully to renounce her British citizenship prior to her Senate candidature was similarly ineligible. In this article, we argue that the conclusion in Re Canavan was incorrect: that both the Court’s reasoning about the purpose of s 44(i)—to avoid ‘split allegiance’—and its methodology for determining foreign citizenship were inconsistent in their own right and also against its reasoning in Re Gallagher. We challenge the Court’s conflation of citizenship and allegiance with obedience to a state. We examine the rules of international law for identifying a person’s citizenship, as well as exceptions to these rules, including what came to be known as the ‘constitutional imperative’, which the Court held will exempt a foreign citizen from s 44(i) disqualification under certain circumstances. We conclude that the Court, in seeking to avoid ‘uncertainty and instability’ in its interpretation of s 44(i), did the opposite. Had it looked, instead, to the relevant foreign state for an authoritative determination of a person’s citizenship, confusion and uncertainty surrounding s 44(i) could have been avoided, and a democratic understanding of Australian citizenship could have been prioritised.

THE BEGINNING OF A LARGE-SCALE POLITICAL REFORM IN RUSSIA: A NEW TURN IN 2020

The subject. The article is devoted to the analysis of the draft political and constitutional reform that was announced in the last Presidential Address to the Federal Assembly at January 15, 2020.
 The purpose of the article is to try to predict the positive and negative consequences of changing the legal status of the highest Russian authorities. 
 The methodology of the study includes analysis and interpretation of Presidential Ad-dresses to the Federal Assembly and Russian Constitution as well as dialectical approach and methods of political science. 
 The main results and scope of their application. For a long time there was a clear request for changes in the government, and various expert platforms discussed issues related to changing the Constitution of the Russian Federation, which was adopted at a national referendum in December 1993. 
 On January 15, 2020, Vladimir Putin addressed his 16th message to the Parliament. In ac-cordance with the Constitution, the President of Russia annually addresses the Federal Assembly with a message on the situation in the country and on the main directions of domestic and foreign policy. The last address turned out to be a landmark and historical one, as it announced the main provisions of the upcoming large-scale political and consti-tutional reform in Russia. Heads of constituent entities, members of the State Duma and the Federation Council, Prime Minister and Deputy Prime Ministers, Federal Ministers, heads of Fed-
 
 
 eral bodies, judges will no longer be able to have foreign citizenship or a foreign resi-dence permit. He proposed even more stringent requirements for a candidate for the post of President: no foreign citizenship or residence permit even in the past, as well as per-manent residence in Russia for at least 25 years. The position of the State Council is being strengthened and it is reflected in the Constitution of the Russian Federation as an insti-tution of power in the country. The position of the Federal Assembly is strengthened by the fact that the Parliament is given the right to approve the candidacy of the Prime Min-ister, as well as all Deputy Prime Ministers and Federal Ministers. The status of local self-government and the role of governors in the regions is being raised.
 The main reason for the reform is the desire to reduce the powers of the President and transfer part of them to the Parliament, so that the next President is no longer endowed with virtually absolute power, and, in turn, can not initiate another reform without the approval of all branches of government.
 The author of the article identifies the reasons for the political reform and gives forecasts for the future after its implementation.
 Conclusions. The author links these changes to the upcoming transfer of presidential power after 2024. The reform does not mean the transition of the Russian Federation to a parliamentary republic, since the head of state retains the status of a key figure in the po-litical system, and it is he who has concentrated key functions. Fixing a number of social obligations in the Constitution in terms of salaries and pensions will not have a significant impact on the socio-economic situation.

Migration, Diaspora and Citizenship: A Qualitative Study of the Perceptions of Pakistani Nationals towards the Political Rights of Pakistani Dual Citizens

AbstractThe dual citizenship has been the subject of intense political debate in Pakistan barring the elected representatives, in parliament, the provincial assemblies and the presidency, from holding dual nationality. The perceptions that holding a foreign citizenship challenges the undiluted loyalty to country further engender question mark over their political participation in country’s affairs. A qualitative study has been carried out in the city of Rawalpindi to explore the stance of Pakistani nationals on such exclusion of Pakistani dual citizens from mainstream politics of Pakistan asking should the individual’s association to the state be an exclusive one? In this paper, in‐depth interviews were conducted with a sample of 40 male and female respondents (22 Pakistani citizens, 18 Pakistani dual citizens) and 6 constitutional experts. The results indicate distrust among Pakistani citizens when considering dual citizens’ right of representation in general elections of Pakistan, stemming from a mistrust of their “split loyalties”.

A AN ANALYSIS OF HERITAGE LEGAL LAW FOR FOREIGN NATIONAL HEIRS ON THE PERMANENT OBJECT (PROPERTY) BASED ON CIVIL LAW

In Indonesia, there is still no national legal entity regarding the inheritance law that can be applied to all Indonesian citizens. Therefore, the inheritance law that is applied to all Indonesian citizens is still different due to the classifications of the citizens. This study basically describes the inheritance rights of Foreign Citizens (foreigners) over fixed objects (treasure) especially the land in Indonesia. In the legal structure in Indonesia until now there has not yet been established national inheritance law provisions that regulate the rights of inheritance from foreign citizenship, while in the Basic Agrarian Law (UUPA) Law. No. 5 0f 1960, foreign nationals may not obtain ownership rights over land. Marriage law is legal, if it is done according to the law of each religion and belief as explained in article 2 paragraph (1) of law number 1 of 1974 concerning the marriage. Thus differences in citizens do not prevent a person from marrying and obtaining his inheritance rights, this difference in citizenship is a series of existing laws that are subject to customary law, how in terms of inheritance that are fixed objects will they be synchronized with International Civil Law (ICL) in obtaining objects that are usually done by way of buying and selling, grants, or by inheritance. The result of this study are the transfer of the inheritance of Foreign Citizens, especially regarding the land. Foreign citizens must relinquish their rights as heirs to the land, and within one year have to relinquish their rights. The rare several obstacles in the application of this law because there is no national inheritance law that regulates such cases because in religious and customary laws, there are no rules that limit the inheritance rights of foreign countries in Indonesia.
 

Citizenship and socio-political integration: A person-oriented analysis among Russian-speaking minorities in Estonia, Finland and Norway

This survey study utilized a person-oriented approach to explore the patterns of socio-political integration among Russian-speaking minority group members in three neighboring countries in the Baltic area: Estonia (n = 482), Finland (n = 252), and Norway (n = 215). Three profiles were obtained in all countries: critical integration, separation, and assimilation. In the whole sample, critical integration was the most common acculturation profile. After the profiles were established, they were examined vis-à-vis citizenship and integration context to see, whether and to what extent, the objective (i.e., citizenship) and subjective (i.e., perceived social status and sense of belonging) socio-political integration of Russian-speakers corresponded with each other. Critical integration and separation were the most common profiles among participants holding national citizenship of the country of residence, while foreign citizenship was not related to any specific profile. Separation was rare among participants holding dual citizenship, but it was the most common profile among participants with undetermined citizenship. Also, intergroup context was associated with socio-political integration: critical integration and separation were the most common profiles of Russian-speakers in Estonia, critical integration and assimilation profiles in Finland, and assimilation profile in Norway. The results are discussed in relation to previous variable-oriented research and official integration policies of the countries studied.

Healthcare Access, Quality, and Satisfaction Among Albanian Immigrants Using the Emergency Department in Northern Greece.

Greece constitutes a main point of entry for the EU but also a final destination for a large number of immigrants. The present research aims to illuminate the relationship of Albanian immigrants with the public health system in Greece. Cross sectional study of 167 Albanian immigrants who referred to the emergency department (ED) of a tertiary general hospital. The average age of the study population was 38.96years (SD: ± 12.53), with 62.1% being familiar with health services. 54.9% referred to the ED for chronic problems. 41.9% were dissatisfied regarding the level of care provided; Albanian citizenship was thought to be the main reason (40%). Despite the majority of Albanian immigrants being familiar with health services in Northern Greece, there seems to be a misuse of the emergency department for chronic problems. A good proportion of immigrants believe their foreign citizenship prevents them from better healthcare.

What Brings International Students to Norway?

What Brings International Students to Norway?

Keberagaman Dewan Direksi terhadap Struktur Modal

The characteristics of the board in a company affect the company's capital structure because of the relationship between the monitoring mechanism which is a function of the board of directors on the company's capital structure. The purpose of this study was to determine the effect of the board of directors' diversity which is proxied on the variables of female presence, foreign citizenship, board size, sales growth, profitability and firm size on capital structure. This study uses quantitative methods using multiple linear regression methods. The sample of this study is a manufacturing company listing on the Indonesia Stock Exchange for the period of 2016 - 2017. The method used to determine the sample is purposive sampling. This research data can be obtained from secondary data, namely the company's annual report. The results of hypothesis testing using multiple linear regression showed that the presence of women and foreign citizenship had an effect while the variable board size, sales growth, profitability and firm size did not affect the capital structure.

ACQUISITION OF FOREIGN CITIZENSHIP BY MOLDOVAN IMMIGRANTS

The paper explores some aspects of the acquisition of foreign citizenship by immigrants from Moldova. The purpose of the study is to estimate the size and geography of acquisition of foreign citizenship in context of migration policies changes in countries of destination. The study is based on statistical analysis of the OECD, Eurostat database and other representative sources, as well as an analysis of migration policy of the countries of citizenship acquisition. The results show that about a million people received foreign citizenship from 1992 up to present. The main countries for acquiring citizenship are: Romania, Russia, USA, Portugal, Italy, Bulgaria, Canada and Germany. The access of Moldova population to citizenship of developed countries contributes to the intensification and expansion of international migration. For Moldovan immigrants, the policies of the countries of destination have an important role in the process of acquiring citizenship.

Конституционно-правовые проблемы усыновления детей иностранными гражданами

The article addresses the problems of adoption of Russian children by foreign citizens. It is said that the requirements for potential adoptive parents with foreign citizenship are increased. Attention is drawn to the shortcomings of the system of control over foster families due to the lack of real opportunities to influence the supervisory authorities of a foreign State. It is concluded that it is necessary to establish an effective monitoring system for adopted children in Russia.

The Problem of Applying Foreign Law under Section 44(i) of the Constitution

Dual citizens are ineligible to sit in the Federal Parliament by virtue of section 44(i) of the Australian Constitution. In 2017 in Re Canavan, the High Court took a strict interpretation of that section, meaning that dual citizens are ineligible regardless of whether they have any knowledge of their foreign citizenship. The status of foreign citizenship, and therefore the status of eligibility under the Constitution, falls to a question of foreign law. This gives foreign law a peculiar significance in determining who may and may not participate in our democratic system of government. Most commentary on the dual citizenship crisis has centred on the constitutional implications, and the normative question of whether section 44(i) ought to exist. Instead, this article focuses on the internal problems of section 44(i) as it stands, according to its recent interpretations by the High Court. Specifically, this paper is concerned with the exceptions to the application of foreign law under section 44(i). It asks, when will the Court defy the word of foreign law? And on what principled basis?

Politicising the Manhwa Representations of the Comfort Women: with an Emphasis on the Angoulême International Festival Controversy

This article discusses the nexus between comics, collective historical memory and politics in the context of the contemporary relationship between Japan and South Korea by examining the graphic manhwa narratives dealing with the memories of comfort women that were exhibited during the Angouleme Comics Festival in France in early 2014. With a theme of ‘memories of war and gendered violence’, commemorating the centennial of the outbreak of the First World War, the event that accommodated a special exhibition for Korean manhwa attracted controversy because of its political nature, drawing heavy media attention and sparking public debate and diplomatic quarrels. Adding academic depth to this cultural and diplomatic clash by linking the concepts of soft power foreign policy and cultural citizenship, this paper investigates what made the cultural event politically tainted and how the politicisation debate between the two countries escalated throughout the event. Existing studies on soft power foreign policy often leave the core contents of the ‘soft’ part unexplained. This article, in contrast, explores the current limits of accommodating cultural expressions of historical memories through an in-depth analysis of the exhibited artworks and the two countries’ nationalised soft power diplomacy. It argues that both governments’ direct and indirect intervention in the cultural realm nurtured irreconcilable cultural representations in this particular theme and genre of cultural representation under the current research.

Double standards? Attitudes towards immigrant and emigrant dual citizenship in the Netherlands

ABSTRACTDespite increasingly liberal practices around the world, dual citizenship acceptance is still contested. Surprisingly, few studies exist on what drives public attitudes towards political membership in two or more states. Based on data from the 2012 Dutch Parliamentary Election Study (N = 1,677) we investigate the discrepancy in negative attitudes in the Netherlands towards dual citizenship of immigrants who acquire Dutch citizenship, on the one hand, and more positive attitudes towards Dutch citizens acquiring a foreign citizenship, on the other. We find that negative views of immigrant dual citizenship are associated with strong in-group identification and out-group derogation, whereas experiencing a sense of symbolic group threat is associated with negative views of both immigrant and emigrant dual citizenship.

INTERNATIONAL AND NATIONAL LEGAL ASPECTS OF THE PRINCIPLE OF SINGLE CITIZENSHIP

Article 4 of the Constitution of Ukraine reads as follows: “There shall be single citizenship in Ukraine. Grounds for obtaining and termination of Ukraine’s citizenship shall be determined by law”. Article 2(1) of the Law of Ukraine “On Citizenship of Ukraine” interprets the principle of single citizenship contained in the Constitution as follows: - Individual administrative-territorial units cannot have their own citizenship; - If a Ukrainian citizen has obtained the nationality of another state, he/she shall be regarded only as a Ukrainian citizen in his/her relations with Ukraine; - If a foreigner has obtained Ukraine’s nationality, he/she shall be regarded only as a Ukrainian citizen in his/her relations with Ukraine. The principle of single citizenship is not equivalent to the prohibition of dual/multiple nationality in Ukrainian law. Rather, it is a matter of notrecognising the legal consequences of foreign citizenship(s) in the case of individuals who have Ukrainian citizenship. However, Ukraine lacks a uniform approach to theunderstandingand application of this principle. Such uniformity can be achieved either by means of interpretation of Article 4 of the Constitution by the Constitutional Court or by amending the Constitution with a more detailed wording of the principle of single citizenship which would articulate its exact meaning.

Coverage and outcomes of antenatal tests for infections: a population based survey in the Province of Trento, Italy

Background: Rubella, syphilis, toxoplasmosis, cytomegalovirus (CMV), hepatitis B (HBV) and C (HCV), HIV, and Group B Streptococcus (GBS) infections may have very severe outcomes during pregnancy, and for this reason, monitoring of infections in pregnant women is a requirement of prenatal assistance.Aims: To describe coverage and outcome of the screening for rubella, syphilis, toxoplasmosis, CMV, HBV, HCV, HIV, and Group B Streptococcus in pregnancy in the Autonomous Province of Trento, Northern Italy (538,600 inhabitants).Methods: We analysed the coverage and outcome of the above-mentioned screenings among women who delivered in the hospitals of the Province of Trento between 2007 and 2014 (N = 38,712). Screenings were grouped according to characteristics such as recommendation by national and local guidelines, scheduling of the tests, operating methods, and charge. We also estimated odds ratios (ORs) for missing screening for selected infections through multiple logistic regression.Results: Estimated uptake of antenatal screening was 99.7% for rubella, 99.3% for syphilis, 99.7% for toxoplasmosis, 98.1% for HIV infection, 99.0% for HBV, 98.9% for HCV, 94.0% for GBS infection, and 75.4% for CMV infection. The overall prevalence of immunity was 94.1% for rubella, 24.2% for toxoplasmosis, and 64.2% for CMV. The rate of seroconversion in pregnant women was 0.02% for rubella, 0.29% for toxoplasmosis, and 0.75% for CMV. The overall prevalence of infection was 0.94% for HBV, 0.53% for HCV, 22.3% for GBS, 0.29% for syphilis, and 0.13% for HIV. We found a significant positive association for all screening tests, between lack of testing and late first medical examination in pregnancy (ORs ranging from 1.20 to 1.66 for the first medical visit in the second trimester and ORs ranging from 1.60 to 5.88 for the first medical visit in third trimester, compared to early medical visit in the first trimester). Compared to Italian citizenship, foreign citizenship of the mother was also positively associated with absence of screening (ORs ranging from 1.30 to 1.53). A significant inverse association was observed for calendar year of delivery (ORs ranging from 0.71 to 0.97, for 1 year increment). Less educated mothers and pluriparae were also at higher risks of not being tested. Analysis of the association with mother age showed different heterogeneous effects.Conclusions: Our study indicates that the attention to screening and detecting infected cases is growing over the time. In addition, care delivered during pregnancy has a leading role in determining coverage of the examinations. Immigrant, pluriparous and less educated women need particular attention.

THE PROTECTION TO CHILDREN OF DUAL CITIZENSHIP IN POSSESSING TITLE ON LAND IN INDONESIA

<p>This juridical-normative research aims to identify and analyze the protection of the proprietary rights of children born under mixed marriages over ownership right and ownership right conveyance process for children with dual citizenship. The research results indicated that the legal protection on ownership right proprietary rights of children under mixed marriages can be enjoyed by the children by choosing Indonesian as their citizenship at most 1 year after obtaining such bequest over the land. When the children choose foreign citizenship, then they must pass the ownership rightover the land. The transfer process on the land requires the children to be at least 18 years of age or married and cannot be represented by foreign parents/custodians, and thus a trustee is appointed based on District Court’ ruling.</p>

Length of stay for childbirth in Trentino (North-East of Italy): the impact of maternal characteristics and organizational features of the maternity unit on the probability of early discharge of healthy, term infants.

The post-partum length of stay should be adjusted based on the characteristics and needs of the mother-infant dyad, identifying the criteria for safe discharge. In Trento, various procedures and programs are becoming more uniform today with the intention to provide family assistance service. What is Known: • Admission for childbirth is one of the primary causes of hospitalization in industrialized countries. • The length of stay for childbirth has been steadily declining in recent decades, with the aim of reducing costs while also demedicalizing pregnancy. What is New: • A higher rate of early discharge (ED) was recorded for neonates of women having foreign citizenship, < 30years, pluriparous, smoked during pregnancy, housewife, and, if emplyed, entrepreneurs, self-employed professionals or managers. • ED was more common when the new mother gave birth on a day in which there was a higher number of births at the hospital, indicating overcrowding in the maternity unit.

“Leftover Women” and “Kings of the Candy Shop”: Gendering Chinese American Ancestral Homeland Migration to China

A growing body of research examines the experiences of highly skilled individuals who “return” to work in their ancestral homeland, but has tended to overlook the gendered dynamics that shape their decisions. This article fills this gap by analyzing how the gendered local context of China affects the experiences of American-Born Chinese (ABC) migrants. Through in-depth qualitative interviews with 52 second-generation ABC professionals in Beijing and Shanghai, I found that both women and men enjoyed comparable career growth and opportunities. Socially, however, men’s foreign citizenship, education, and higher wages transformed them into highly eligible dating and marriage partners, while ABC women were stigmatized as “leftover women” (a social category ascribed to urban, educated single women in China). Thus, ABC women must prioritize either their professional or personal lives, while their male counterparts can enjoy both. By highlighting the personal realm, this case reveals how the trajectories of first-world ancestral homeland migrants are uniquely gendered.

Male suicide rates in German prisons and the role of citizenship.

PurposePrisoners are at a particularly high risk of suicide. In contrast to other psychosocial risk factors it remains unclear to what degree the risk of suicide differs between prisoners with local citizenship and foreigners. In order to provide more detailed information for suicide prevention in prisons, this study aims to compare suicide rates (SR) between these populations in German criminal custody.MethodsBased on a German national database of completed suicide in custody, suicides by prisoners were analysed and compared with epidemiological data of the prison population and the general population, stratified for German and foreign citizenship. Data analysis was adjusted for differences in the age distribution of both populations by calculating standard mortality ratios (SMR) for suicide.ResultsSR were higher in prisoners with German citizenship than those with foreign citizenship (SR = 76.5 vs. SR = 42.8, P<0.01). This association was not specific to the prison population, as the higher SR in citizens compared to non-citizens (SR = 19.3 vs. SR = 9.0, P<0.01) were also found in the general population. The association between prison suicide and citizenship was comparable in juvenile and adult prisoners, indicating its relevance to both the juvenile and adult detention systems.ConclusionImprisonment is associated with a substantially increased risk of suicide in both German and non-German citizens, a finding which needs to be taken into consideration by the justice system. The lower suicide risk in non-German citizens is independent of whether or not they are in custody.

Međunarodna pozicija Srbije kao destinacije za medicinski turizam

The global market of medical tourism depends on the factors such as medical development, information technology, national legislation, education, insurance, tourism, economics and politics. The subject of this paper is an analysis of the importance of the factors in the field of medical tourism and related services when selecting the Republic of Serbia as a destination for providing medical tourism services. The objective of the research is to analyze the factors that influence consumers' decision, as well as to suggest measures for the enhancement of the current situation. The research has been conducted by interviewing the patients with foreign citizenship, who used medical treatment services in the Republic of Serbia in 2015. The results of the research show that the price plays an important role in the decision of patients, who opt for medical treatment services in Serbia. The quality of health services, as well as the training of doctors, medical personnel and accreditation should be at a high level. The offer of tourist facilities and accommodation is not crucial in the selection of the country, but it affects the decision on the selection of a health institution in the country. .