CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ CITIZENSHIP IN THE FIRST CZECHOSLOVAK REPUBLIC … a person who has more than one citizenship, recognizes either the citizenship of the country in which the person has their habitual residence or the citizenship of the country with which the person is most closely associated (Article 5). It can be understood that in the case of dual or multiple citizenship, international law is based on dominant, predominant, or effective citizenship. In these cases, the problem of dual citizenship is addressed in terms of international law consequences. Alternatively, a question arises from a third country’s point of view, as a citizen of any of the States concerned, is being considered the person concerned in the matters of private international law. From the point of view of domestic law, however, each state considers its member to be its citizen, and disregards the fact that they are also a citizen of another state. Alternatively, the citizenship of a foreign state may be considered a fact which may have negative legal consequences for that person. For example, a service in a foreign troop can be considered a legal offense. Multiple citizenship therefore often causes difficulties for the persons concerned. The question of military service is solved in the European Convention on Nationality from 1997. 52 Pursuant to Article 21 (1) of the Convention, persons who have the citizenship of two or more Contracting States will be requested to fulfil their military duties only towards one of these contractual States. For the purposes of Article 21 (3), such persons shall have a military obligation to do so towards the Contracting State in whose territory they have their habitual residence. No later than at the age of 19, persons may freely choose to volunteer to fulfil their military service in another Contracting State whose citizens they also are, the duration of the actual military service will be at least equal to the period of military service required by the first Contracting State. The problem is that this arrangement applies only to the contracting states and remains only a European regulation. The problem of dual citizenship can also arise in relation to other states and in issues other than military service obligations. According to J. Hřebejk, securing the state’s safety, especially the fulfilment of a military service by a person, is tied to citizenship. If a person has the nationality of two or more states, how can he maintain loyalty to his country in this case if the states of which he is a citizen have begun to fight against each other? Less tragic, but not less difficult, is the issue of racing dual citizens at the Olympic Games. Other examples may be given. 53 Conclusion In order to come to a conclusion, it is possible to say that the determination of the state by its own legislation who are its nationals is the responsibility of each state. These domestic regulations must be recognized by other States under the condition that they are in accordance with international conventions, and customary international law. In particular, the state must not interfere with the sovereignty of other states and thus violate the principle of equality of sovereign states. The requirement of effective citizenship is expressed especially in cases of the later acquisition of the citizenship of natural persons (by naturalization). This requirement is included in the legislation of number of states. In the case of persons who have 52 The Statement of the Ministry of Foreign Affairs on the European Convention on Nationality No 76/2004 Coll. 53 HŘEBEJK, J.: Dual Citizenship and State Security in: ŠTURMA, P., TYMOFEYEVA, A. (eds.) et al. Citizenship in the Context of the Development of Human Rights . op. cit., p. 60.

79