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SUCCESSION OF STATES FROM 1918 UNTIL THE PRESENT DAY WITHIN THE REPUBLIC OF CROATIA TERRITORY AND ITS INFLUENCE ON NATIONALITY OF NATURAL PERSONS
Andreja Metelko-Zgombić
; Ministarstvo vanjskih posova i europskih integracija, Zagreb
Sažetak
The author in the article discusses different modes which were used to resolve the issue of nationality of natural persons in relation to the succession of states which took place within the current state territory of the Republic of Croatia from 1918 until today. In this period, which is marked with dissolution of the Austro-Hungarian Monarchy and newly obtained independence of the Republic of Croatia, six cases of the succession of states are detected. While discussing each case of succession, the author presents legal sources for regulation of nationality and explains principles (criteria) according to which the nationality of the successor state was acquired and the nationality of the predecessor state lost. Furthermore, the author determines whether there was a possibility to opt for one of these nationalities (the genuine or non-genuine option) or whether the nationality of the successor state was acquired automatically or upon a request of an individual. A special attention has been paid to measures which were taken to prevent cases of stateless individuals. Moreover, the author examines what kind of approach was taken by successor states in regards to the possibility to acquire dual or multiple nationalities. In addition, he presents an overview of the United Nations past efforts to adopt an international legal instrument which would regulate the issues of nationality of natural persons arising from succession of states on global level as well as of the attempt to regulate this issue in case of succession of the former Socialist Federative Republic of Yugoslavia. From a critical point of view, the author scrutinises normative solutions encompassed within the Draft Articles on Nationality of Natural Persons in Relation to the Succession of States, which were adopted in 2000 by the United Nations General Assembly. In the text that follows he compares criticised provisions of the Draft Articles with solutions accepted in the Law on Croatian Citizenship as well as in legislative acts enacted in some other states which were created by the end of the twentieth century in the European continent. Moreover, the author offers one of possible explanations why until now the Draft Articles on Nationality of Natural Persons in Relation to the Succession of States have not been broadly accepted by states. If contrary, this would lead to enactment of an international agreement (a convention) that would regulate issues regarding the nationality of natural persons in relation to the succession of states.
Ključne riječi
succession of states; nationality; territory of the Republic of Croatia
Hrčak ID:
82258
URI
Datum izdavanja:
20.12.2011.
Posjeta: 2.950 *