<i>Ius Doni</i> in International Law and EU Law: Theory and Practice of Public International Law, cartea 2
Autor Christian H. Kälinen Limba Engleză Hardback – 13 mar 2019
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Specificații
ISBN-13: 9789004357518
ISBN-10: 9004357513
Pagini: 244
Dimensiuni: 155 x 235 x 20 mm
Greutate: 0.54 kg
Ediția:Approx. 250 Pp
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
ISBN-10: 9004357513
Pagini: 244
Dimensiuni: 155 x 235 x 20 mm
Greutate: 0.54 kg
Ediția:Approx. 250 Pp
Editura: Brill
Colecția Brill | Nijhoff
Seria Theory and Practice of Public International Law
Cuprins
List of Abbreviations
List of Illustration
Table of Cases
Introduction
1 Key Contours of Citizenship and Ius Doni
1. 1Citizenship Framework and Development
1.1.1Citizenship and State Sovereignty
1.1.2Citizenship in Ancient Greece and Rome
1.1.3Citizenship from the Middle Ages to Modern History
1.1.4Citizenship in the XXth and XXIst Centuries
1.2Ius Doni and Citizenship Realities
1.2.1Citizenship Requirements
1.2.2Facilitated Naturalisation
1.2.3Ius Doni and Other Forms of Naturalisation
1.2.4Ius Doni and Inequalities
1.3 Conclusions to Chapter 1
2 Ius Doni in International Law
2.1 Rules and Limitations of International Law
2.1.1Citizenship and Non-discrimination
2.1.2Right to Citizenship
2.1.3Statelessness in Practice
2.1.4Mass Conferral of Citizenship
2.2 Dual Nationality and Residence
2.2.1Dual Citizenship: From Resistance to Acceptance
2.2.2Diplomatic and Consular Protection
2.2.3Genuine Link and Acquisition of Citizenship
2.2.4Residence and Ius Doni
2.3 Conclusions to Chapter 2
3 Ius Doni in EU Law
3.1 Supranational Cooperation and Citizenship Beyond the Nation-State
3.1.1The New Legal Order
3.1.2EU Citizenship
3.1.3Discretion of Member States in Citizenship Matters
3.1.4Rights of EU Citizens
3.2 Solidarity and Loyal Cooperation
3.2.1Article 4(3) TEU
3.2.2The Maltese Matter: Article 4(3) in Practice?
3.2.3Genuine Link and Sincere Cooperation
3.2.4Ius Doni and Mass Conferral of Citizenship
3.3 Conclusions to Chapter 3
4 Ius Doni : Procedures and Practices
4.1 Justification and Procedures
4.1.1The Economic Imperative
4.1.2Requirements of Citizenship and Residence Programs
4.1.3The Due Diligence Process
4.1.4Associated Risks
4.2Ius Doni Practices and National Legislation
4.2.1Austria
4.2.2Montenegro
4.2.3St. Kitts and Nevis
4.2.4Malta
4.3 Conclusions to Chapter 4
5 Conclusion: The Reality of Citizenship in the XXIst Century
Bibliography
Index
List of Illustration
Table of Cases
Introduction
1 Key Contours of Citizenship and Ius Doni
1. 1Citizenship Framework and Development
1.1.1Citizenship and State Sovereignty
1.1.2Citizenship in Ancient Greece and Rome
1.1.3Citizenship from the Middle Ages to Modern History
1.1.4Citizenship in the XXth and XXIst Centuries
1.2Ius Doni and Citizenship Realities
1.2.1Citizenship Requirements
1.2.2Facilitated Naturalisation
1.2.3Ius Doni and Other Forms of Naturalisation
1.2.4Ius Doni and Inequalities
1.3 Conclusions to Chapter 1
2 Ius Doni in International Law
2.1 Rules and Limitations of International Law
2.1.1Citizenship and Non-discrimination
2.1.2Right to Citizenship
2.1.3Statelessness in Practice
2.1.4Mass Conferral of Citizenship
2.2 Dual Nationality and Residence
2.2.1Dual Citizenship: From Resistance to Acceptance
2.2.2Diplomatic and Consular Protection
2.2.3Genuine Link and Acquisition of Citizenship
2.2.4Residence and Ius Doni
2.3 Conclusions to Chapter 2
3 Ius Doni in EU Law
3.1 Supranational Cooperation and Citizenship Beyond the Nation-State
3.1.1The New Legal Order
3.1.2EU Citizenship
3.1.3Discretion of Member States in Citizenship Matters
3.1.4Rights of EU Citizens
3.2 Solidarity and Loyal Cooperation
3.2.1Article 4(3) TEU
3.2.2The Maltese Matter: Article 4(3) in Practice?
3.2.3Genuine Link and Sincere Cooperation
3.2.4Ius Doni and Mass Conferral of Citizenship
3.3 Conclusions to Chapter 3
4 Ius Doni : Procedures and Practices
4.1 Justification and Procedures
4.1.1The Economic Imperative
4.1.2Requirements of Citizenship and Residence Programs
4.1.3The Due Diligence Process
4.1.4Associated Risks
4.2Ius Doni Practices and National Legislation
4.2.1Austria
4.2.2Montenegro
4.2.3St. Kitts and Nevis
4.2.4Malta
4.3 Conclusions to Chapter 4
5 Conclusion: The Reality of Citizenship in the XXIst Century
Bibliography
Index
Notă biografică
Dr. Christian H. Kälin, citizenship expert as well as Chairman of Henley & Partners, advises governments on investment migration programs and policy. He is a frequent writer and speaker on the subject and (co-)author of several other publications, including the Global Residence and Citizenship Handbook and the Quality of Nationality Index.
Recenzii
“The acquisition of citizenship by investment is an important element of planning that affects global families. Christian Kälin is one of few in the world with comprehensive knowledge and experience of global citizenship options, and has now shared this knowledge with not only the small circle of those privileged to have access to him, but to all readers of this seminal work.” - Philip Marcovici, Offices of Philip Marcovici, Hong Kong
“A global trend, and quickly spreading among states, is the allocation of citizenship to individuals who make a contribution to the economy and society by way of investment or donation. As a forward-thinking government, we welcome this pioneering academic study, which, besides offering theoretical underpinnings of ius doni, creates the necessary foundation for solid government policy in this field.” - Hon. Dr. Joseph Muscat, Prime Minister of Malta
“The rise of citizenship-by-investment programs is one of the most interesting - and least studied - ways in which nation-states have responded to globalization. Dr. Kälin has a unique perspective on this phenomenon as both a scholar and a practitioner. In this book, he provides an insightful discussion of the legal construction of investment citizenship and its relation to national laws, EU norms and international standards.” - Dr. Yossi Harpaz, Tel-Aviv University
“This important book introduces a new concept to the legal lexicon of citizenship: ius doni, which is the acquisition of citizenship by donation or investment. While this practice was known in ancient Greece and Rome, it signals an instrumental turn of citizenship in our global business civilization. Written with academic authority and practical savvy alike, this excellent book will appeal to many audiences, academics, legal practitioners, and anyone interested in the future of citizenship.” - Professor Dr. Christian Joppke, University of Bern
“A masterful and path-breaking analysis of one of the crucial new developments in citizenship law from the doyen of global ius doni practice” - Professor Dr. Dimitry Kochenov, University of Groningen
“Citizenship by investment marks one of the latest but certainly not the final stage of evolution in the methods of acquiring citizenship. Clarification of this concept in general, and answers to key questions are either missing in academic literature or have not been sufficiently addressed. In this remarkable book, Dr. Chris Kälin provides a thorough analysis and answers in what can be considered the standard work on the subject.” - Bruno L’ecuyer, CEO of the Investment Migration Council, Geneva
“A global trend, and quickly spreading among states, is the allocation of citizenship to individuals who make a contribution to the economy and society by way of investment or donation. As a forward-thinking government, we welcome this pioneering academic study, which, besides offering theoretical underpinnings of ius doni, creates the necessary foundation for solid government policy in this field.” - Hon. Dr. Joseph Muscat, Prime Minister of Malta
“The rise of citizenship-by-investment programs is one of the most interesting - and least studied - ways in which nation-states have responded to globalization. Dr. Kälin has a unique perspective on this phenomenon as both a scholar and a practitioner. In this book, he provides an insightful discussion of the legal construction of investment citizenship and its relation to national laws, EU norms and international standards.” - Dr. Yossi Harpaz, Tel-Aviv University
“This important book introduces a new concept to the legal lexicon of citizenship: ius doni, which is the acquisition of citizenship by donation or investment. While this practice was known in ancient Greece and Rome, it signals an instrumental turn of citizenship in our global business civilization. Written with academic authority and practical savvy alike, this excellent book will appeal to many audiences, academics, legal practitioners, and anyone interested in the future of citizenship.” - Professor Dr. Christian Joppke, University of Bern
“A masterful and path-breaking analysis of one of the crucial new developments in citizenship law from the doyen of global ius doni practice” - Professor Dr. Dimitry Kochenov, University of Groningen
“Citizenship by investment marks one of the latest but certainly not the final stage of evolution in the methods of acquiring citizenship. Clarification of this concept in general, and answers to key questions are either missing in academic literature or have not been sufficiently addressed. In this remarkable book, Dr. Chris Kälin provides a thorough analysis and answers in what can be considered the standard work on the subject.” - Bruno L’ecuyer, CEO of the Investment Migration Council, Geneva