Conferral of nationality of the kin state - mission creep?

Hassler, Sabine; Qu�nivet, No�lle

Abstract

Nationality is a surprisingly complex and emotive issue. At a time when global events appear increasingly threatening, the individual desire to align with a solid State is stronger than ever. While the acquisition of nationality is commonly not subject to much controversy, this chapter looks at Russia’s escalating process of conferring nationality on individuals in States that used to form part of the Soviet Union. In order to be able to discuss whether such conferral of nationality is a permissible course of action to consequently justify the forcible protection of nationals abroad, this chapter discusses to what extent the conferral of nationality is an absolute exercise of State sovereignty and looks at the means and methods by which nationality may be acquired and/or conferred, both in general and in the Russian context. This allows the chapter to then explore the consequences of nationality and to what extent, if any, an individual or a group of individuals can expect protection from their ‘home’ State when abroad. It would appear that such State protection is entirely discretionary and subject to political and other considerations. What, then, is Russia’s objective in declaring individuals in its near abroad as nationals? By exploring its activities, the chapter takes particular note of the experiences in the Baltics, Georgia, and Ukraine to conclude that Russia is in the process of attempting to rewrite the rules carefully crafted post-1945 to revive kin-State activism and so allowing for interference in neighbouring States to become an established international custom.

Citation

Hassler, S., & Quénivet, N. (2018). Conferral of nationality of the kin state - mission creep?. In S. Sayapin, & E. Tsybulenko (Eds.), The Use of Force against Ukraine and International Law – Jus Ad Bellum, Jus In Bello, Jus Post Bellum (73-110). The Hague: T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-222-4_4

• Online Publication Date: Sep 9, 2018
• Publication Date: Sep 9, 2018
• Deposit Date: Jul 9, 2018
• Journal: The Use of Force against Ukraine and International Law: Jus Ad Bellum, Jus In Bello, Jus Post Bellum
• Peer Reviewed: Not Peer Reviewed
• Pages: 73-110
• Book Title: The Use of Force against Ukraine and International Law – Jus Ad Bellum, Jus In Bello, Jus Post Bellum
• ISBN: 9789462652217
• DOI: https://doi.org/10.1007/978-94-6265-222-4_4
• Keywords: Nationality; acquisition and/or conferral of nationality; passportisation; consequences of nationality; use of force; protection of nationals abroad; territorial integrity und non-intervention in internal affairs; privileged interest doctrine
• Public URL: https://uwe-repository.worktribe.com/output/875632
• Publisher URL: https://www.springer.com/br/book/9789462652217