CYIL vol. 9 (2018)

JAN ONDŘEJ – MAGDA UXOVÁ

CYIL 9 ȍ2018Ȏ

Introduction The question of the importance of nationality may arise under the current international law. This paper focuses on the nationality (citizenship) of individuals. In Czech terminology, the term citizenship is used for natural persons. 1 In English terminology, all these cases use the term nationality. W. W. Bishop 2 states in this respect that nationality is more widespread than citizenship, which, in his view, is primarily associated with full civil and political rights. The term nationality is also used in relevant international treaties, both in relation to natural persons, 3 legal entities, 4 or ships 5 and other objects. The nationality (citizenship) of individuals (natural persons) is regulated by national law. Each state alone determines who are its citizen. In the Czech Republic, the issue of acquisition and loss of citizenship (nationality) of natural persons is regulated by the Act on Citizenship No. 186/2013 Coll. The content of citizenship, as well as the conditions for its acquisition or loss, is determined by national law. A wide range of rights and obligations are related to nationality, both under domestic and international law. For example, nationals (citizens) enjoy certain benefits, but also have obligations under international law, both customary international law and agreements on the grounds of their nationality (citizenship) of a particular state. From the point of view of customary international law, a State may exercise diplomatic protection in cases of interference with the rights of natural or legal persons protected by international law. In the area of international law, on the basis of a number of international agreements of multilateral and especially bilateral agreements, investments of natural and legal persons are protected from interventions of a foreign state in the territory of which they are carried out. 1. International law and its relation to the regulation of nationality of individuals In respect of nationality, the question arises whether, in the case of the application of certain rights in the international sphere, the determination of nationality is only a matter for the State concerned or whether the State must also respect certain rules of international law. Regarding individuals, State citizenship is defined as a permanent legal bond between an individual and the state. 6 In the sense of Article 1 of The Hague Convention on Certain Questions Relating to the Conflict of Nationality Law of 1930, “it is for each state to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom and the principles of law generally recognized with regard to nationality” (Article 1). This provision is considered to be an expression of general international law. In connection to the Hague Convention on Citizenship, for example, the United States, in its 1929 reply to the Preparatory Committee of the Hague Conference on Codification, stated that it is, “a general rule, no person should 1 Act No. 186/2013Coll. on the citizenship of the Czech Republic and the amendment of some laws, effective since 1 January 2014. 2 BISHOP, W. W. International Law. Cases and Materials. Second edition. Boston, Toronto: Little, Brown and Company, 1962, s. 395. 3 E.g. Hague Convention on Conflict of Nationality Laws of 1930 (12 April 1930). 4 E.g. International Law Commission, Draft Articles on Diplomatic Protection, Article 9. 5 E.g. Article 91 of The United Nations Convention on the Law of the Sea, 1982. 6 EMMERT, F.: Citizenship in the Czech Republic in the Past and Present. Prague: Leges, 2016, p. 192.

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