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39 Brit. Y.B. Int'l L. 284 (1963)
The Relations of Nationality in Public International Law

handle is hein.journals/byrint39 and id is 290 raw text is: THE RELATIONS OF NATIONALITY IN
Fellow of Wadham College, Oxford
THE object of the study presented here is to estimate the role which the
concept of nationality, and the rules of municipal law in this sphere, have
de lege lata. It is apparent that a high proportion of the literature on
'nationality' is concerned with municipal law rules (simpliciter, or in
relation to questions in the conflict of laws) and the important issues of
multiple nationality and statelessness arising from the operation of the
separate systems of nationality laws. Comparatively small effort has been
devoted to the public international law aspects of the subject, and in
any case treatments in the context of public international law commonly
have a rather tangential character. Thus the orthodox approach, which
will be scrutinized later on, concentrates on elaboration of municipal
rules and affirmation of the general absence of rules of public international
law. This type of treatment regards acquisition and loss of nationality as
the crux of the matter and fails to place the subject in the larger contexts
of international law, for example, the law relating to neutral rights and
duties in time of war or armed conflict. The essence of the matter may
be expressed more simply. The specialist literature and many textbooks
of international law are replete with statements that nationality is a question
within the domestic jurisdiction of States, whilst throughout international
law there are rules depending on the concept of nationality. What is, prima
facie, a fundamental structural flaw may puzzle the thoughtful student
and provide the cynic with capital. Moreover, recent concentration on the
solution of the problems of multiple nationality and state1essness, and the
© Dr. Ian Brownlie, 1964.
This is not to denigrate in any way the work of individual writers who have tackled the
subject from this point of view. However, the leading works under the appropriate rubric are
by no means wholly concerned with public international law as such. Makarov, Allgemeine
Lehren des Staatsangehorigkeitsrechts (2nd ed., Stuttgart, 1962), is not primarily concerned with
the international law aspects. Of considerable value, although conservative in their conclusions,
are van Panhuys, The Role of Nationality in International Law (Leyden, 1959), and Weis,
Nationality and Statelessness in International Law (London, 1956). See further, Weis, Staats-
angehdrigkeit und Staatenlosigkeit im gegenwdrtigen V6lkerrecht (Berlin, 1962), z8 pp., a lecture,
and Schitzel, Internationales Recht, III, Internationales Staatsangeh6rigkeitsrecht (Bonn, 1962).
Mention ought also to be made of Mervyn Jones, British Nationality Law and Practice (1st ed.,
1947), PP. 1-z6; (revised ed., 1956), pp. 1-50 (in this article references are to the revised edition).

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