LAWS 2601 Lecture Notes - Lecture 10: Jus Soli, Peremptory Norm, Jus Sanguinis
21 Aug 2017
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"nationality of claims" rule customary il: pcij established: in taking up the case of one of its nationals a state is in reality asserting its own right" panevezyz-saldutiskis railway case (1937) Il generally leaves each state to define who are its nationals principle may be limited by treaty. Statelessness: stateless people have, no right of entry, no voting rights, frequently excluded from areas of the workforce, may live under threat of deportation, lack of passports make travel difficult, art. 15 udhr states everybody is entitled to a nationality. Ilc finally settled on articles of state responsibility (2001 after almost c of work: articles divided in three parts, origins of state responsibility (sr, content, forms & degrees of sr, settlement of disputes & implementation of sr. Is liability strict or dependent on fault or intention: two theories: Fault"/subjective theory: must be element of intentionality or negligence: doctrine & practice support the primacy of the objective theory.
