SLP 12 (2017)
institutions have established in their practice that the European Convention on Human Rights guarantees neither the right to acquire nor to renounce nationality, in certain circumstances the withdrawal or non-granting of citizenship may lead to violation of the provisions of this international treaty. The last part contains four chapters and its title is Nationality in the Context of Public International Law . Chapter 12 by Doc. Dagmar Lantajová is concerned with specific regulation of nationality in case of the state succession. Nationality is primarily a matter for internal law, but it must also respect the principles and rules of international law, the most important of which is the existence of a genuine link between the state and its citizen and the right of every citizen of the predecessor state to the nationality of at least one of the states concerned, the predecessor state or the successor state. The paper points to the development of legal regulations in the matter, and the application of these legal norms in the judicature of the judicial authorities. Dr. Zuzana Trávníčková notes that the latest development of the practice of states and international organizations in the imposition of international sanctions raises a number of international law questions. One of them is whether individually targeted financial sanctions and travel bans can be imposed against a state’s own nationals. Regarding travel restrictions, a national’s right of entry into their own country plays a crucial role. The right of entry is firmly anchored in positive law and no exceptions are accepted. Both the United Nations and the European Union, as the two most important senders of multilateral sanctions, respect the right of entry in full extent. Regarding financial sanctions, the right to property and to property protection should be considered. The position of this right under positive law is different – exceptions are allowed and it is a human right, not a civil right. The European Court of Justice ruled already in 2008 that assets freeze can be accepted as an allowed exemption from the right to property protection. In practice, financial sanctions against a state’s own citizens are subject to no limitation. Mgr. Ondřej Svoboda in Chapter 14 recalls that broadening protection of human rights currently leads to doubts about the role of the instrument of diplomatic protection. This concept is according to many obsolete and, for the purpose of human rights protection, an unsuitable and redundant tool. The aim of this chapter is thus to prove the existence of a relationship between diplomatic protection and human rights protection. With this goal in mind it is also important that conditions to exercising diplomatic protection do not constitute denial of justice, particularly in the case of human rights. By analysing the condition of citizenship, this chapter affirms that traditional rules of international law are overcome in this regard by a more flexible approach which provides further raison d’être to diplomatic protection. Mgr. Kristýna Urbanová observes that the determination of an investor’s nationality is of vital importance for attraction of protection within the system of international law of foreign investment protection. Thus, the first part of the paper focuses on the
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