Showing papers on "Statelessness published in 1983"

The Citizenship Law of the USSR

Abstract: I. Introduction.- 1. Constitutional Basis.- 2. Historical Background.- Notes.- II. Sources. Federal Citizenship and Republican Citizenship.- 1. Sources.- 2. Federal Citizenship and Republican Citizenship.- Notes.- III. Legislative Basis. Recognition. Marriage. Residence abroad. Extradition.- 1. Legislative Basis.- 2. Recognition.- 3. Citizenship and Marriage.- 4. Residence Abroad.- 5. Extradition.- Notes.- IV. Dual Nationality.- I. General Principles.- II. Conflicts-in-Law Portfolio.- 1. At Birth A. Jus Sanguinis.- B. Jus Soli Versus Jus Sanguinis.- C. Agreement of the Parents Versus Jus Sanguinis and Jus Soli.- 2. Naturalization A. Primary Naturalization.- B. Derivative Naturalization.- 3. Marriage.- 4. Minors A. Adoption.- B. Legitimation and Quasi-Legitimation.- Notes.- V. Dual Nationality and Soviet Diplomatic and Treaty Practice.- Notes.- VI. Statelessness as a Consequence of the Conflict of Nationality Laws (Part I).- I. Conflicts-in-Law Varietals of Statelessness.- 1. Failure to Acquire Nationality at Birth.- A. Jus Soli Versus Jus Sanguinis.- B. Child of Stateless Parents.- C. Foundlings.- D. Illegitimate Children.- a. Paternity.- b. Legitimation.- 2. Stateless Minors.- A. Change of Nationality of Parents.- B. Adoption.- Notes.- VII. Statelessness as a Consequence of the Conflict of Nationality Laws (Part II).- Statelessness as a Result of Marriage.- A. At the Time of Marriage.- B. During and at the Dissolution of Marriage.- II. Legislative and Diplomatic Practice.- Notes.- VIII. Acquisition of Ussr Citizenship.- 1. Grounds for Acquiring USSR Citizenship.- 2. Acquisition of USSR Citizenship by Birth.- 3. Acquisition of USSR Citizenship by Children of Stateless Persons.- 4. Foundlings.- 5. Admission to the Citizenship of the USSR.- Notes.- IX. Loss and Restoration of Soviet Citizenship.- 1. Grounds for Losing USSR Citizenship.- 2. Exit from Soviet Citizenship.- 3. Deprivation of USSR Citizenship.- 4. Restoration of USSR Citizenship.- Notes.- X. Status of Minors.- 1. When Both Parents Change Citizenship.- 2. When One Parent Acquires USSR Citizenship.- 3. When One Parent Leaves USSR Citizenship.- 4. Adoption and Acquisition of USSR Citizenship.- 5. Adoption of Soviet Children by Foreign Citizens.- Notes.- XI. Procedural Format.- 1. Background.- 2. Current Legislation.- A. Certification of Soviet Citizenship.- B. Admission, Renunciation, Restoration and Deprivation.- Notes.- XII. Emigration and Immigration.- A. The Chinese Case.- B. The Korean Question.- C. The Jewish Problem.- a. Restrictions on Emigration.- b. Possibility of Appeal.- c. Nationality Criterion.- d. Family Reunion Principle.- e. Character Reference and Family Permission.- f. Reimbursement for Higher Education.- g. Renunciation of Citizenship.- h. Returning to the USSR.- i. Detente and Emigration.- j. Helsinki and After.- Notes.- XIII. The New Soviet Citizenship Law and Human Rights.- 1. Universal Declaration of Human Rights.- 2. International Covenant on Civil and Political Rights.- 3. Convention on the Nationality of Married Women.- 4. Convention on the Reduction of Statelessness.- 5. Final Act of the Helsinki Conference.- Notes.- Selective Bibliography.- A. Books.- B. Articles.

Dual Nationality and Soviet Diplomatic and Treaty Practice

Abstract: The Soviet government has, from the outset, shown keen awareness of the grave tensions that disputes over dual nationality have habitually engendered on the diplomatic scene.1 Typical responses from Soviet quarters range from sweeping assertions that Soviet law rejects the very notion of dual citizenship2 to grudging admissions that “Soviet constitutional law takes the attitude that a person’s concurrent possession of the citizenship of two states is abnormal and can only have a temporary character”.3 Or, in the same negative tone, “in contemporary international law the principle is generally recognized that each person must be the citizen of some state and, to boot, of one only; from that perspective, the statelessness of apatrides and dual or multiple citizenship are equally undesirable”.4 Or, again, “in contemporary international law it is generally recognized that every person must be the citizen of some one country. In the event a physical person has two or more citizenships, it must choose one.”5

Statelessness as a Consequence of the Conflict of Nationality Laws (Part II)

Abstract: As compared to the precedent set in this area by the earlier citizenship legislation of the Soviet Union, perhaps the single most distinctive element of the 1938 Law on the Citizenship of the USSR was its approach to the problem of statelessness. Indeed, as every Soviet source has dutifully noted since, its “final Article 8 introduces the new condition of statelessness, unknown to Soviet law before 1938”.1 Technically speaking, the claim crediting Article 8 of the 1938 law with engineering the debut of the concept of statelessness on the Soviet legal scene turns out, on closer inspection, to be a trifle exaggerated. Rather, the real innovation here consisted in that the 1938 act sanctioned statelessness as a discrete, third category of citizenship status, along with local citizenship and foreign citizenship, a recognition until then denied to it in the USSR by the workings of federal legislation.