Dual Citizenship Research Articles

Native American Voting Rights in Utah: Federal Policy, Citizenship, and Voter Suppression

Native American Voting Rights in Utah: Federal Policy, Citizenship, and Voter Suppression

Dual Nationality Serving Individual Interests

Dual Nationality Serving Individual Interests

The Impact of the Legislative, Political and Economic Context of the Country of Origin on Naturalisation. The Case of EU Nationals in Switzerland

Naturalization decision not only depends on the profile and migratory trajectory of those likely to acquire a new nationality but also on the characteristics of the host countries and the countries of origin. Until now, little attention has been paid to changes in the country of origin. Thus, this article focused on three events that may have affected the naturalization of foreign nationals living in Switzerland: recognition of dual nationality, EU accession, and the euro debt crisis. It aims to shed light on naturalization practices by comparing the evolution of naturalization rates throughout periods before and after these changes occurred in the country of origin. Results show that the recognition of dual nationality is likely to have an increased interest in naturalization on a long-term basis, while the new UE Member States’ naturalization rate decreased and converged towards the European rate. The impact of the economic crisis is more questionable.

수잔 쿠퍼(Susan Cooper)의 『그림자의 왕』(King of Shadows)을 활용한 셰익스피어와 미래 고교영어교육

This paper aims at exploring the felicitous encounter between English Literature and EFL high school Education by introducing the case of ‘English American Novel’ class for Korean sophomore students in English Education, the College of Education. Most of all, it purposes to show how teaching Shakespeare in EFL high school class can be actualized with a readable text for EFL high school learners, a young adult novel, Susan Cooper’s King of Shadows. The novel well represents Shakespeare, his works, especially, A Midsummer Night’s Dream, sonnet 116, and Elizabethan times. This paper argues that teaching King of Shadows to high school students carries the desirable educational value for future high school English education because of the novel’s comprehensive connection to other school subjects such as history, ethics, psychology, biology, and even, architecture. In order to investigate the proper application of the novel and its benefit resulting from introducing to students, this paper provides the close explication of class procedure―students’ presentation of story line, discussion of issues and topics relevant to the novel, and final presentation of class plan imagined in high school class. (Kongju National University)

İadenin Geçmişinden Geleceğine: Tersine Teslim Yükümlülüğünün Doğuşu

Extradition is a legal concept that has been grown throughout the history of international relations. However, it is not just a simple result of the everyday headaches of international actors. Extradition, specifically, extradition of common criminals, has also a substantial intellectual background that had been developed by prominent scholars such as Grotius and Beccaria.
 
 The current scope of extradition agreements, whether they are unilateral or bilateral, includes an obligation to surrender a person who has been convicted or suspected. This situation is related to its intellectual background as its history as well. 
 Recent developments in international law, such as the denaturalization of dual citizens who have been involved in terrorist activities, initiated new legal disputes over whether a state has not any duty to open its borders to someone, who is not its citizen anymore, however, it should be examined that whether states are under an obligation to take and prosecute terrorists in terms of international law. 
 Consequently, such an obligation is essential for the establishment of international security. Recognition of this obligation as a valid legal institution can only be achieved via a well-structured international treaty.

재외 탈북자 보호 관련 국제법적 검토: 대량탈북 사태 시 대응방안을 포함하여

The current number of North Korean Escapees is much smaller than before, so the concern towards them does not seem to be so serious like before. However, the number may rise in any time in the future for any reasons, and some contingency situation may produce a mass influx of North Koreans into neighbouring countries.
 Therefore, all the legal analyses applicable to the cases of North Korean Escapees are still required and need to be updated.
 This paper first reviews their refugee status, including the issue of dual nationality, and tries to utilise international human rights regime for these cases. Then, overview of various national practices relating to the protection of North Korean Escapees is conducted. Lastly, this paper looks into ways of international cooperation and coordination to deal with the possible mass influx case.
 In conclusion, most North Korean Escapees can be recognised as refugees under international refugee law, and, if not, they can at least be treated as humanitarian status holders. The question of dual nationality should be solved based on their free will and humanitarian consideration. For the limited purposes of refugee status determination, they need to be treated as North Koreans. As human beings, they can also be protected by various norms and mechanisms under international human rights law. At a contingency situation, ‘temporary protection’ may be provided to them as ‘displaced persons’ like in the EU, and more coordinated cooperation with UNHCR, IOM and neighbouring countries is critically needed.

NEW DUAL CITIZENSHIP LAW OF LIBERIA ‘READINGS AND ANALYSES’

In view of this, the subject was listed among other things by the Constitutional Review Committee for a possible amendment as it is impliedly prohibited by the Constitution of the Land under article 28. While awaiting for the amendment through referendum in 2023 after the first attempt failed to meet threshold in 2020 as declared by National Elections Commission (NEC), the both Houses of Legislature had passed dual citizenship law legalizing the practice and, the law had be signed by the President. The new law also, places some restrictions on Liberians with dual nationality in terms of holding public offices both elective and appointed. For the appointed positions, article 4(2) and, for the elective ones, article 4 (1) of the New Dual Citizenship Law conditions for any Liberian who holds the citizenship of another country and desires to run for a public office, to renounce and relinquish that citizenship at least one year prior to a applying to the National Elections Commission. Finally, considering the socioeconomic situation of Liberia, dual citizenship may open different doors of business and economic opportunities for Liberians by birth with different nationalities and neutralized citizens to comfortably invest in country’s economy. Thus, it incumbent upon the government now to aggressively engage Liberians in the diaspora and dual-nationals to invest and actively contribute to economic activities and taking the country to the next level of prosperity and development.

Некоторые аспекты из истории взаимоотношений ханов Абылая и Уали с Цинской империей (на основе архивных источников)

Introduction. In the 1740s–1780s, decentralization processes within the Kazakh Khanate led to that it was involved into somewhat troubled foreign policy relations. The period of struggle for political independence witnessed the emergence of Abylai — among most authoritative leaders of the Kazakh Khanate — as a key political decision-maker of the Great Steppe. His son Uali joined and continued the process of developing diplomatic relations between the Kazakh Khanate and the Qing Empire. In the future, it was a balanced strategy of diplomatic maneuvers under conditions of dual citizenship that constituted the basis of the latter ruler’s administrative agenda across Kazakh lands. Goals. Thus, the study aims to examine Abylai and Uali’s diplomatic relations with the Qing Empire. The paper shall also explore archival materials for data pertaining to diplomatic endeavors of Uali which are scarce enough as compared to those on Abylai’s activities. Materials and methods. The work focuses on documents stored at the Historical Archive of Omsk Oblast, Archive of Foreign Policy of the Russian Empire, and Russian State Archive of Ancient Acts. Quite a number of the documents from the Historical Archive of Omsk Oblast have been declassified only in 2019, and were never introduced into wide scholarly circulation. The newly obtained records reveal certain historical facts, including about certain diplomatic endeavors definitely adding to the little-known personality of Khan Uali. The currently available documentary evidence dealing with the events of the 18th–19th centuries virtually shed no light on Uali’s role in historical processes. Our search for information about activities of this historical figure shows how poorly investigated the latter is. The study employs the principles of scientific and historical knowledge, with due regard the value approach. Results. The Kazakh-Qing land-related negotiations after the collapse of the Dzungar Khanate continued with the establishment of trade and economic relations — to witness an increase in mutual diplomatic missions. So, Abylai faced an opportunity to obtain the Qing citizenship as a basis for further development of ties with the Manchu imperial palace. The Qing citizenship of Kazakh rulers Abylai and Uali did significantly expand room for political maneuver of theirs. Abylai is still considered to be a key figure in establishing Kazakh-Qing diplomatic relations, he who had taken the bulk of the responsibility — in this matter — among the then individuals of power and influence in the Steppe. Whereas, the role and activities of Uali remain little-known when it comes to discuss diplomatic relations between the Kazakhs and neighboring states.

ANALYSIS OF STL FILES AS INPUT DATA FOR RAPID PROTOTYPING SYSTEMS

Since layers are components of a three-dimensional structure, the very process of cutting layers can directly affect the surface finish and mechanical properties of the structure, which are the two main disadvantages of FDM.
 In this regard, the study of different slicing algorithms can deepen the understanding of problems and gaps in FDM, which will help improve the quality of 3D printed building objects.
 Cutting algorithms developed for FDM technology are divided into two main groups: planar and non-planar. Complex algorithmic calculations are required to enable the printer to deploy multi-axis plane and non-plane, which is a drawback of these advanced methods.
 The article discusses the basic principles of slicing and conditionally outlines the possible difficulties that arise during the implementation of FDM technology, and also describes in detail the structure of the STL format file in binary and ASCII (English American standard code for information interchange) formats.
 The general characteristics and limitations of the STL file format were studied.
 The description of methods of classic slicing of the model and the mechanisms of implementation of more specific tasks are given.
 Current challenges and promising solutions to the problem are presented.

The Legal Status of Jurors in the Administration of Justice in Criminal Cases

The article provides an overview of modern Russian legislation regulating the legal status of a juror. The comparative analysis of normative acts regulating the activities of judges and jurors allows us to conclude that there are inconsistent legal norms that significantly complicate modern law enforcement practice. A number of problems related to the procedural regulation of the procedure for the formation of a legal panel of jurors have been identified, namely: dual citizenship of a candidate for jurors; the procedure for identifying circumstances that prevent a citizen from participating in a criminal case; the age of a juror, etc. In addition, the article presents judicial practice in criminal cases considered in 2018–2020 by the Irkutsk Regional Court and district (city) courts of the Irkutsk region with the participation of jurors, confirming the need to edit and amend certain provisions of the federal law “On jurors of Federal courts of general jurisdiction in the Russian Federation”. New versions of these provisions of the law have been proposed. Examples of restrictions for candidates for jurors and people’s assessors (sheffen) in the legislation of other countries (the Kingdom of Spain, the Republic of Austria, Georgia), such as age, profession, official position, education, are given. At the same time, attention is drawn to the fact that for foreign practice, these circumstances are a direct ban on participation in the process, and not the basis for unconditional recusal. It is concluded that bringing the norms regulating the position of jurors to uniformity will eliminate the discrepancy between the law by law enforcers, facilitate the work of the courts on the formation of the collegium and, in general, will contribute to increasing the authority of jurors and the judiciary.

Transnational migration and dual citizenship: The conundrum of social and economic rights of dual citizens in Pakistan

Pakistan is among the Asian countries which permits dual citizenship. However, the dual citizenship privileges availed by overseas-based Pakistanis spark intense debate making Pakistani dual citizens and their entitlements a contested subject in the country. A qualitative study was conducted in the city of Rawalpindi asking what the attitudes of Pakistani citizens on dual citizenship are, as well as their positions on the rights of dual citizens with regard to education, employment and property ownership in Pakistan. In-depth interviews were conducted with two groups of interviewees: 25 Pakistani citizens and 18 Pakistani dual citizens. The findings suggest that Pakistani citizens resist the unconditional provision of socio-economic rights to Pakistani dual citizens considering their “split loyalties.” Most of the respondents argued against their employment in sensitive institutions such as the armed forces and judiciary, however, their right to education and property acquisition was supported in circumstances when it benefits Pakistan’s development. The perspectives of dual citizens also reflect ambivalence over how to resolve the allegiance conundrum and as a result, display divergent views on their privileges and rights in their home country.

Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1)

Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1)

A Legal Certainty of Dual Citizenship for Possession of Land

This research is to analyze and examine the legal certainty of children holding dual citizenship (bipatride) from mixed marriages to have property rights on land in Indonesia, as well as future arrangements to be able to provide equality for children holding dual citizenship to have property rights to land like other Indonesian citizens. The type of research used is normative juridical research, which means studying and analyzing formal legal rules, namely laws. Following the objectives to be achieved, this thesis research uses three approaches: the statutory approach, the conceptual approach, the historical approach, and the comparative approach. After the legal materials are collected, the legal issues are analyzed based on the collected legal materials. Based on the results of a review of existing legal materials, it is concluded that the legal certainty of dual citizenship holders (bipatride) owned by children from mixed marriages to have property rights on land is given similarities with foreigners as stipulated in Article 21 paragraph (4) of the UUPA which does not allow Indonesian citizens have dual citizenship (bipatride) to have property rights over land in Indonesia. Ownership rights are hereditary, strongest, and most complete rights that can be owned by people on land, keeping in mind the provisions in Article 6 of the UUPA can only be owned by Indonesian citizens who do not hold other citizenships such as dual citizenship owned by children from mixed marriages. Children holding dual citizenship (bipatride) can have ownership rights to land based on inheritance and only a time limit of 1 (one) year for them to be released to other people as stipulated in Article 21 paragraph (3) of the UUPA, which has been equated with provisions for foreigners.

Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2)

Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2)

How a Citizen Becomes an Alien: Three Cases of American Jews and Citizenship Lost, Regained, and Lost Again

In the second half of the twentieth century, three Jewish men were stripped of their American citizenship after spending significant time in Palestine/Israel and engaging in statutorily defined “expatriating acts.” Integral to the doctrine of liberal citizenship, in fact, were illiberal mechanisms of individual and categorical exclusion from citizenship intended to protect the sovereignty of the nation-state. These mechanisms gained particular expression in state agents’ deliberations about the citizenship status of Jews, especially after the establishment of Israel. The emergence of dual citizenship as a legal possibility—the result of a 1967 Supreme Court ruling that overturned the expatriation of one of the men considered here—reveals the shifting ambitions of American state power, while also exposing the enduring ways in which U.S. government entities, from Congress to administrative agencies to the courts, justified the state's power to transform citizens into aliens.

Migrasi dalam perspektif semiotika etnodemografi dan gender: Kasus masyarakat di hulu Sembakung, Kalimantan Utara

State border areas are often considered rigid and isolated spaces, and this assumption is usually not in accordance with reality on the ground. Communities in border regions of Indonesia have kinship ties across countries, such as life across borders that occur in the upper Sembakung River. The river flows in the border area of North Kalimantan and upstream in Sabah, Malaysia. The problem occurs when to conduct social interaction, the population in the border area must conduct various negotiations on the rules of the spatial state. The natural morphology of the Sembakung River crossing connects the ethnic interactions of the population at the country's borderline, which is often assumed to threaten sovereignty. The concentration of state territory space, a legacy of colonial cartography, is not in line with the social boundaries of the population formed by the natural morphology of the Sembakung River channel, which provides space for residents to penetrate state boundaries. This paper explores cross-border interactions through the flow of the Sembakung River, which is strengthened by life cycle rites through the Mauss gift scheme, which is prone to creating marginalization of women. Cross-border social ties have penetrated rigid territorial boundaries. This situation resulted in the infiltration of economic commodities mobility intertwined with people's cultural activities in hulu Sembakung, a group of population with dual citizenship, and the practice of rites of exchange that are vulnerable to women's marginalization.

Citizenship In Immigration Perspective

Citizenship shows the relationship between the state and citizens. The right to citizenship is the basic right of every person. However, the state absolutely can determine the principles in determining citizenship. Indonesia has made arrangements for citizenship through Law Number 12 of 2006 regarding Citizenship of the Republic of Indonesia. This research uses normative legal analysis because the object of this research is the legislation which has permanent and binding legal force. Conceptually, Indonesia makes Pancasila as its own views, ideas, and ideals about ideal citizenship. In determining citizenship status, Indonesia adheres to the ius sanguinis principle and the ius soli principle to a limited extent. Basically, Indonesia applies single citizenship, but children can be given limited dual citizenship for the sake of fulfilling human rights and protection. With the regulation of citizenship both in national and international law, in fact there are still stateless people. Indonesia is also inseparable from the existence of stateless people. In line with the regulation of citizenship in Indonesia, Immigration is here to provide services and protection to the status of Indonesian citizenship, as well as to ensure the existence and activities of foreign nationals in the territory of Indonesia in order to guarantee the potential, dignity and worth of every person in accordance with human rights based on Pancasila and The 1945 Constitution of the Republic of Indonesia.

Indian Diaspora and Issue of Dual Citizenship

This article focuses on certain types of citizenship rights i.e. dual citizenship, provided by home countries to its persons who have migrated to other countries. Granting dual citizenship rights enables the home countries to leverage the potential of financial and human resources of their diaspora, encouraging both remittances and return migration. Citizenship is the fundamental right of the people of a country that provides them with legal and social identity. Countries that experience immigration, whether it be the sender of immigrants or receiver of immigrants have considered the serious concerns and implications of granting dual citizenship. The authors present a theoretical framework in dual citizenship where India, one of the fastest growing economies, is yet to adjudge its effects and impact. Today, national citizenship has been challenged by international citizenship. Therefore, India needs to rethink its decision to grant dual citizenship to its people migrating to different parts of the world. The Citizenship Act of 1955, which was amended in 2005 by the introduction of Overseas Citizenship of India, needs to be revisited and reconsidered in the international context. The paper also attempts to analyze the impacts and effects of granting dual citizenship.

Limited Dual Citizenship Age Limit

As a result of mixed marriages, children born based on their parents' descendants (the principle of ius sanguinis), or the nationality obtained based on where a child is born (the principle of ius soli) depends on the principle adopted by each country, giving implications for the existence of children who have dual nationality. This also creates the problem of a limited citizenship age limit for choosing citizenship, causing problems with a child's citizenship status, because the regulations regarding the age limit for children to choose citizenship also differ from one country to another. The research method used is normative juridical. The results showed that to answer to the needs of society, especially for children who have dual citizenship, the ideal age to choose citizenship should be limit to 25 years so that the person concerned has completed his education in higher education so that changes need to be made to the Citizenship Law, especially the article regarding the age limit for dual citizenship.

ДВОЙСТВЕННАЯ ЭТНИЧЕСКАЯ ИДЕНТИЧНОСТЬ РУССКО-УКРАИНСКОГО НАСЕЛЕНИЯ РОССИИ: НАСЛЕДОВАНИЕ ИЛИ ОСОЗНАННЫЙ ВЫБОР?

The article discusses the issue of passing ethnic identity from generation to generation among the Russian-Ukrainian population of Russia and the process of forming a dual identity. Based on studies conducted in 2020-2021, the authors reveal the process of transferring ethnic identity through the lens of a multinational family, intergenerational ties. Having analyzed five generations of respondents, we can conclude about the conscious choice of the majority in favor of the Ukrainian component of identity to a greater extent in connection with the origin of the ancestors, and the Russian component due to living in Russia. With each generation, there is an external “extinction” of Ukrainian identity (for example, a decrease in the use of the native language) and the formation of a dual nationality among young people - Russian-Ukrainian, but with the predominance of the Russian component, which is associated more with socio-political assimilation.