Примеры использования Attribution of nationality на Английском языке и их переводы на Русский язык
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Attribution of nationality.
States must retain control over the attribution of nationality.
The attribution of nationality on the basis of jus soli had helped to reduce statelessness.
States must retain control over the attribution of nationality.
Attribution of nationality to persons concerned having their habitual residence in another State.
Paragraph 1 of article 8 concerns the attribution of nationality by virtue of national legislation.
The attribution of nationality conferred a sense of belonging and represented the ultimate bond of allegiance to a State.
However, it appears from the commentary that the attribution of nationality should remain the sole prerogative of the State concerned.
If such attribution of nationality after the date of the succession of States did not have a retroactive effect, statelessness, even if only temporary, could ensue.
More specifically, draft articles 20, 21, 22(a) and 24(a)followed- as far as the attribution of nationality was concerned- the solutions of international law, which were mandatory and applicable ex officio.
Attribution of nationality could no longer be considered as merely a privilege of States but had, in some cases, become a positive obligation under human rights law.
It was noted that, according to the provision, the attribution of nationality took effect on the date of the succession; in other words, it was usually retroactive.
According to the Special Rapporteur, ratione materiae, the Commission should consider the obligations of States in respect of the withdrawal and attribution of nationality, as well as the right of option.
Section II. Attribution of nationality.
Concerning paragraph 4, it was believed that the rights of States should not be reduced excessively to the benefit of the rights of individuals andthat States should retain control over the attribution of nationality.
It is widely acknowledged that the attribution of nationality belongs to the realm of sovereign prerogatives of States.
Since Croatia had not participated in the previous debates on the draft articles on the nationality of natural persons in relation tothe succession of States, she wished to make some comments on the attribution of nationality to the“persons concerned”.
In such case, the attribution of nationality will depend on the option of such person, as indicated in the chapeau of article 22.
Such acts are a function of the exercise of powers by States as authorized under international law delimitation of territorial waters orof an exclusive economic zone, attribution of nationality, registration of a vessel, declaration of war or neutrality.
Under draft article 6, attribution of nationality took effect on the date of succession; in other words, it was generally retroactive.
When the draft articles were considered in detail, Malawian experts would be careful to ensure that an appropriate balance was struck so as to avoid creating statelessness, dual nationality, orthe fortuitous acquisition or attribution of nationality.
In other words, the use of any such criterion for attribution of nationality might, if the current wording is retained, be deemed a discriminatory practice and, therefore, in contravention of article 14.
As to paragraph 3, it was superfluous, according to one view: it was unthinkable that a State could fail to attribute its nationality to a person who had exercised a right of option in favour of that nationality, since the exercise of that right and the attribution of nationality were two sides of the same coin.
The Commission is also of the view that, in principle, the attribution of nationality should not be subject to any fee, since the attribution of nationality in relation to succession of States occurs on a large scale and the process is not analogous to that of naturalization.
Article 10, paragraph 3, is superfluous, in Guatemala's view, because it is practically tautological: it is unthinkable that a State could fail to attribute its nationality to a person who has exercised a right of option in favour of that nationality, since the exercise of this right and the attribution of nationality are two sides of the same coin.
In general his delegation agreed with the use of the criterion of habitual residence for the attribution of nationality in connection with the succession of States, provided that habitual residence constituted an effective legal connection between the State and the person concerned.
The attribution of nationality, which represents the ultimate bond of allegiance with the State and confers a sense of belonging to and connection with the latter, is a profoundly political act which cannot easily be regulated by binding international norms, particularly in situations involving the succession of States, in which political concerns predominate.
There was also a need to reflect on issues of rights of habitual residence and their bearing on attribution of nationality and on the implications of limiting the articles to situations of succession in accordance with international law, and to ensure that successor States implemented nationality rules in a harmonious way.
Since the issue of attribution of nationality is exclusively within the domestic jurisdiction of the State concerned, an unconstrained right on the part of any other State"…[to treat] persons concerned… as nationals of the State concerned" may cause a certain disquiet on the part of the latter.
Was used on a large scale, in particular,to resolve the issue of attribution of nationality after the dissolution of the Austro-Hungarian Monarchy. The effects on nationality of the dismemberment of the Austro-Hungarian Monarchy, involving also the dissolution of the core of the dualist Monarchy, were regulated in a relatively uniform manner.