DOCSLIB.ORG

Baubock 1..314

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

IMISCOE sievers eu enlargement in May 2004 has greatly increased the diversity of historic experiences ReseaRch and contemporary conceptions of statehood, nation-building and citizenship within the Union. How did newly formed states determine who would become their citizens? ( How do countries relate to their large emigrant communities, to ethnic kin minorities / per in neighbouring countries and to minorities in their own territory? And to which . ) extent have their citizenship policies been affected by new immigration and integration c into the European Union? This book describes the citizenship laws in each of the hinig ten new countries, as well as in Turkey, and analyses their historical background. Citizenship Policies in the Citizenship Policies in the New Europe complements two volumes on Acquisition / and Loss of Nationality in the fifteen old Member States published in the same series in 2006. Citizenship Policies in Citizenship the Policies New Europe New Europe Editors: Rainer Bauböck (European University Institute, Florence), Bernhard Perchinig and Wiebke Sievers (Austrian Academy of Sciences, Vienna). , ( .) Authors: Andrea Baršová, Eugene Buttigieg, Agata Górny, Priit Järve, Zeynep Kadirbeyoglu, Mária Kovács, Kristīne Krūma, Dagmar Kusá, Andre Liebich, Felicita Medved, Judit Tóth and Nicos Trimikliniotis. “The editors are to be congratulated on bringing together such an authoritative collection of papers and ensuring a common structure and system of analysis that makes them immediately comparable.” Michael Collyer, University of Sussex, United Kingdom “Theoretically, methodologically and empirically, this is an interesting addition to the earlier two volumes of the NATAC project.” Betty de Hart, University of Nijmegen, The Netherlands “This work is a worthy completion of the most impressive research ever done on European citizenship laws. For a change, European moneys well spent.” Christian Joppke, American University of Paris, France 978 90 5356 922 1 · .. Amsterdam University Press Citizenship Policies in the New Europe IMISCOE (International Migration, Integration and Social Cohesion) IMISCOE is a European Commission-funded Network of Excellence of more than 350 scientists from various research institutes that specialise in migration and integration issues in Europe. These researchers, who come from all branches of the economic and social sciences, the huma- nities and law, implement an integrated, multidisciplinary and interna- tionally comparative research programme that focuses on Europe’s mi- gration and integration challenges. Within the programme, existing research is integrated and new re- search lines are developed to address issues crucial to European-level policymaking and provide a theory-based design to implement new re- search. The publication programme of IMISCOE is based on five distinct publica- tion profiles, designed to make its research and results available to scientists, policymakers and the public at large. High-quality manu- scripts written by – or in cooperation with – IMISCOE members are pub- lished in these five series. An editorial committee coordinates the re- view process of the manuscripts. The five series are: 1. Joint Studies 2. Research 3. Dissertations 4. Reports 5. Textbook More information on the network can be found at: www.imiscoe.org. IMISCOE Research includes publications resulting from research of IMISCOE members, such as research monographs and edited volumes. Citizenship Policies in the New Europe edited by Rainer Baubo¨ck Bernhard Perchinig Wiebke Sievers IMISCOE Research Cover design: Studio Jan de Boer BNO, Amsterdam Lay-out: Fito Prepublishing, Almere ISBN 978 90 5356 922 1 NUR 741 / 763 © IMISCOE / Amsterdam University Press, 2007 All rights reserved. Without limiting the rights under copyright re- served above, no part of this book may be reproduced, stored in or in- troduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. Contents Tables 9 Preface 11 Andre Liebich Introduction: Altneula¨nder or the vicissitudes of citizenship in the new EU states 17 1 New states and old concerns, or why there is not much plural citizenship in the Altneula¨nder 17 2 Old categories and new principles, or how ethnicity has trumped other grounds of citizenship 20 3 Old wrongs and new rights, or how to use citizenship to correct history 27 4 Conclusions 31 Annex 1: Continuous statehood among old and new EU Member States 32 Annex 2: Constitutional preambles (extracts) 32 Annex 3: Provisions on plural citizenship 33 Annex 4: Federalism and regional autonomies in old and new EU Member States 36 Part I: Restored states Priit Ja¨rve Chapter 1: Estonian citizenship: Between ethnic preferences and democratic obligations 43 1.1 History of Estonian nationality 43 1.2 Basic principles of the most important current modes of acquisition and loss of nationality 47 1.3 Current debates on nationality 51 1.4 Statistics on acquisition of nationality since 1992 55 1.5 Conclusions 57 Chronological list of citizenship-related legislation in Estonia 57 6 CONTENTS Kristı¯ne Kru¯ma Chapter 2: Checks and balances in Latvian nationality policies: National agendas and international frameworks 63 2.1 History of nationality policy 63 2.2 Basic principles for the acquisition and loss of nationality 70 2.3 Current political debates 75 2.4 Statistics 77 2.5 Conclusions 81 Chronological list of citizenship-related legislation in Latvia 82 Kristı¯ne Kru¯ma Chapter 3: Lithuanian nationality: Trump card to independence and its current challenges 89 3.1 History of nationality policy 89 3.2 Basic principles of the most important current modes of acquisition and loss of nationality 98 3.3 Current political debates 103 3.4 Statistics 104 3.5 Conclusions 105 Chronological list of citizenship-related legislation in Lithuania 105 Part II: States with histories of shifting borders Agata Go´rny Chapter 4: Same letter, new spirit: Nationality regulations and their implementation in Poland 113 4.1 Polish nationality in historical perspective 114 4.2 Basic principles of current regulations on Polish nationality 118 4.3 The unresolved debate (1999-2001) 121 4.4 Acquisitions of Polish nationality in numbers 123 4.5 Conclusions 127 Chronological list of citizenship-related legislation in Poland 129 Ma´ria M. Kova´cs and Judit To´th Chapter 5: Kin-state responsibility and ethnic citizenship: The Hungarian case 135 5.1 History of Hungarian policies on nationality since 1945 136 5.2 Current nationality legislation 138 5.3 Current political debates on (dual) citizenship 142 5.4 Trends in statistics 149 5.5 Conclusions 152 Chronological list of citizenship-related legislation in Hungary 153 CONTENTS 7 Part III: Post-partition states Andrea Barsˇova´ Chapter 6: Czech citizenship legislation between past and future 163 6.1 History of Czechoslovak citizenship policies 163 6.2 Basic principles of acquisition and loss of Czech citizenship 168 6.3 Current political debates 172 6.4 Statistics 174 6.5 Conclusions 175 Chronological list of citizenship-related legislation in Czechoslovakia/ the Czech Republic 176 Dagmar Kusa´ Chapter 7: The Slovak question and the Slovak answer: Citizenship during the quest for national self-determination and after 185 7.1 History of Slovak citizenship 186 7.2 Current regulations of acquisition and loss of Slovak citizenship 193 7.3 Current political debates and reform plans 198 7.4 Statistical trends (acquisition of Slovak citizenship since 1993) 203 7.5 Conclusions 205 Chronological list of citizenship-related legislation in Czechoslovakia/ the Slovak Republic 207 Felicita Medved Chapter 8: From civic to ethnic community? The evolution of Slove- nian citizenship 213 8.1 History of citizenship policies 213 8.2 Basic principles of acquisition and loss of Slovenian citizenship 221 8.3 Current political debates 228 8.4 Statistics 231 8.5 Conclusions 233 Chronological list of citizenship-related legislation in Slovenia 235 Part IV: Mediterranean post-imperial states Eugene Buttigieg Chapter 9: Malta’s citizenship law: Evolution and current regime 245 9.1 Historical background 245 9.2 Current modes of acquisition and loss of citizenship 251 9.3 Statistical developments 257 8 CONTENTS 9.4 Conclusions 259 Chronological list of citizenship-related legislation in Malta 260 Nicos Trimikliniotis Chapter 10: Nationality and citizenship in Cyprus since 1945: Communal citizenship, gendered nationality and the adventures of a post-colonial subject in a divided country 263 10.1 History of nationality policy since 1945 264 10.2 Modes of acquisition and loss of citizenship 271 10.3 Current debates: The challenges of gender equality, migration, Europeanisation and reunification 279 10.4 Statistical developments since 1985: The ‘politics of numbers’ and the ‘numbers game’ 281 10.5 Conclusions: Charting out the ‘nationality policies’ 283 Chronological list of citizenship-related legislation in the Republic of Cyprus 284 Zeynep Kadirbeyoglu Chapter 11: Changing conceptions of citizenship in Turkey 293 11.1 History of Turkish citizenship law 293 11.2 Modes of acquisition and loss of Turkish citizenship 300 11.3 Statistics 302 11.4 Conclusions 305 Chronological list of citizenship-related legislation in Turkey 306 List of contributors 313 Tables Figure 1.1 Estonian citizens and stateless persons in Estonia, 1992- 1.5.2005, per cent of the
Recommended publications
  • From Immigrant to Citizen in a Multicultural Country

    From Immigrant to Citizen in a Multicultural Country

    Social Inclusion (ISSN: 2183–2803) 2018, Volume 6, Issue 3, Pages 229–236 DOI: 10.17645/si.v6i3.1523 Article Passing the Test? From Immigrant to Citizen in a Multicultural Country Elke Winter Faculty of Social Sciences, University of Ottawa, Ottawa, ON K1N 6N5, Canada; E-Mail: [email protected] Submitted: 3 April 2018 | Accepted: 15 May 2018 | Published: 30 August 2018 Abstract Almost all Western countries have recently implemented restrictive changes to their citizenship law and engaged in heated debates about what it takes to become “one of us”. This article examines the naturalization process in Canada, a country that derives almost two thirds of its population growth from immigration, and where citizenship uptake is currently in decline. Drawing on interviews with recently naturalized Canadians, I argue that the current naturalization regime fails to deliver on the promise to put “Canadians by choice” at par with “Canadians by birth”. Specifically, the naturalization process constructs social and cultural boundaries at two levels: the new citizens interviewed for this study felt that the nat- uralization process differentiated them along the lines of class and education more than it discriminated on ethnocultural or racial grounds. A first boundary is thus created between those who have the skills to easily “pass the test” and those who do not. This finding speaks to the strength and appeal of Canada’s multicultural middle-class nation-building project. Nevertheless, the interviewees also highlighted that the naturalization process artificially constructed (some) immigrants as culturally different and inferior. A second boundary is thus constructed to differentiate between “real Canadians” and others.

  • Taking Foreign Country's Citizenship No Longer Represents Automatic Basis

    TAKING FOREIGN COUNTRY’S CITIZENSHIP NO LONGER REPRESENTS AUTOMATIC BASIS FOR LOSING GEORGIAN CITIZENSHIP In July 2018, Parliament of Georgia passed amendments to the Law on Georgian Citizenship, which changed the rules and conditions of granting citizenship, mostly in a positive way. LAW, INITIATOR Law: On Amendments to the Organic Law of Georgia on Georgian Citizenship Initiator:Legal Issues Committee Author: Working Group on Harmonization of the Legislation with the Constitution operating under the Legal Issues Committee ESSENCE OF THE LAW In October 2017, in accordance with the amendments made to the Constitution, important issues related to citizenship fell under the new regulation: • Taking a foreign country’s citizenship no longer represents an automatic basis for losing Georgian citizenship; • The conditions for retaining Georgian citizenship in the event of taking another country’s citizenship have been defined; • Eligibility criteria for granting citizenship have been changed; • The conditions have been defined for granting citizenship by rule of exception; • The rules of applying for citizenship, application review process and appealing against the decision made have been changed. At the same time, the Georgian citizens who were granted another country’s citizenship but no decision was made on stripping them of their Georgian citizenship prior to 15 August 2018, have the right to apply, in the course of one year starting from 15 August 2015, to the [Public Service Development] Agency with the request to retain their Georgian citizenship. 1. ELIGIBILITY CRITERIA FOR GRANTING CITIZENSHIP VERSION BEFORE AMENDMENTS NEW REGULATION In the event of granting citizenship according to ordinary h 10 years rule, a person must live in Georgia continuously for the past 5 years.
  • The Meaning of Canadian Citizenship in Light of Dual Citizenship And

    The Meaning of Canadian Citizenship in Light of Dual Citizenship And

    THE MEANING OF CANADIAN CITIZENSHIP IN LIGHT OF DUAL CITIZENSHIP AND MULTICULTURALISM IN CANADA By Viktoria Mirtchevsky, BA, Ryerson University, 2014 A Major Research Paper Presented to Ryerson University In partial fulfillment of the requirements for the degree of Master of Arts In the program of Immigration and Settlement Studies Toronto, Ontario, Canada, 2014 © Viktoria Mirtchevsky AUTHOR’S DECLARATION FOR ELECTRONIC SUBMISSION OF A MAJOR RESEARCH PAPER (MRP) I hereby declare that I am the sole author of this Major Research Paper. This is a true copy of the MRP, including any required final revisions, as accepted by my examiners. I authorize Ryerson University to let this MRP to other institutions or individuals for the purpose of scholarly research. I further authorize Ryerson University to reproduce this MRP by photocopying or by other means, in total or in part, at the request of other institutions on individuals for the purpose of scholarly research. I understand that my MRP may be made electronically available to the public. Viktoria Mirtchevsky ii THE MEANING OF CANADIAN CITIZENSHIP IN LIGHT OF DUAL CITIZENSHIP AND MULTICULTURALISM IN CANAD Viktoria Mirtchevsky Master of Arts 2014 Immigration and Settlement Studies Ryerson University ABSTRACT With multiculturalism informing policy formation related to immigration and settlement in Canada, dual citizenship is accepted. Many have argued that dual citizenship is problematic when it creates dual, and often times, competing loyalties, interests, and priorities; while others argue that dual citizenship is actually a positive development that is consistent with the Canadian culture of acceptance, tolerance and multiculturalism. This MRP will examine the connection between multiculturalism, the legality of dual and multiple citizenship in Canada and their effect on the meaning of Canadian citizenship for naturalized Canadian citizens holding dual or multiple citizenships.
  • Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah

    Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah

    Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: JOR35401 Country: Jordan Date: 27 October 2009 Keywords: Jordan – Palestinians – West Bank – Passports – Citizenship – Fatah This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. 2. What is the overall situation for Palestinian citizens of Jordan? 3. Have there been any crackdowns upon Fatah members over the last 15 years? 4. What kind of relationship exists between Fatah and the Jordanian authorities? RESPONSE 1. Please provide background on the issue of Jordanian citizenship for persons of West Bank Palestinian descent. Most Palestinians in Jordan hold a Jordanian passport of some type but the status accorded different categories of Palestinians in Jordan varies, as does the manner and terminology through which different sources classify and discuss Palestinians in Jordan. The webpage of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) states that: “All Palestine refugees in Jordan have full Jordanian citizenship with the exception of about 120,000 refugees originally from the Gaza Strip, which up to 1967 was administered by Egypt”; the latter being “eligible for temporary Jordanian passports, which do not entitle them to full citizenship rights such as the right to vote and employment with the government”.
  • Role-Play— Refugees

    Role-Play— Refugees

    Learning outcomes ◊ Students will gain a greater understanding of some of the key issues at stake with regard to Israel-Palestine ◊ Students will argue views which are not necessarily their own ◊ Students will gain understanding of refugees’ attachment to home Lesson in brief A role-play to explore some of the key questions around one of the most central issues regarding Israel-Palestine— the refugees. National curriculum 1.1a, 1.2a, 1.2c, 2.2a, 2.2b, 2.2c Materials: photocopies of the role play cards Lesson Plan Starter ♦ Begin the class by reminding/informing students that when Israel was established in 1948, over two thirds of the indigenous Palestinian population fled or were expelled. These people and their descendents are refugees and have not been allowed to return home. Their right to return home, known as the Right of Return is enshrined in international law. Activity ♦ Split the students into groups of five and give each student a character card. The characters are: - a Jewish Israeli citizen moved to Israel from the US - a Palestinian refugee living in a refugee camp in Lebanon - a Palestinian refugee living in London - a Palestinian refugee living in Gaza - a Jewish Israeli citizen born in Israel N.B—The religion of the Israeli citizens are noted because Israel conceives of itself as a Jewish state. The non-Jewish citizens of Israel are Palestinians and are in effect second class citizens. They are not represented here, as that would have meant too many characters espousing the Right of Return. ♦ The characters will discuss the following questions ◊ Where should the refugees go? Is the Right of Return valid? ◊ Can the Right of Return be given up? ◊ Who is responsible for ensuring that refugees’ rights are upheld? ◊ Should the refugees get compensation? If so, who from? ◊ What would peace and justice look like to you? Plenary ♦ Bring the class together for a group discussion about the questions raised and the students’ reactions.
  • Turkey and Iraq: the Perils (And Prospects) of Proximity

    Turkey and Iraq: the Perils (And Prospects) of Proximity

    UNITED STATES INSTITUTE OF PEACE www.usip.org SPECIAL REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPORT I RAQ AND I TS N EIGHBORS Iraq’s neighbors are playing a major role—both positive and negative—in the stabilization and reconstruction of “the new Iraq.” As part of the Institute’s “Iraq and Henri J. Barkey Its Neighbors” project, a group of leading specialists on the geopolitics of the region and on the domestic politics of the individual countries is assessing the interests and influence of the countries surrounding Iraq. In addition, these specialists are examining how Turkey and Iraq the situation in Iraq is impacting U.S. bilateral relations with these countries. Henri Barkey’s report on Turkey is the first in a series of USIP special reports on “Iraq The Perils (and Prospects) of Proximity and Its Neighbors” to be published over the next few months. Next in the series will be a study on Iran by Geoffrey Kemp of the Nixon Center. The “Iraq and Its Neighbors” project is directed by Scott Lasensky of the Institute’s Research and Studies Program. For an overview of the topic, see Phebe Marr and Scott Lasensky, “An Opening at Sharm el-Sheikh,” Beirut Daily Star, November 20, 2004. Henri J. Barkey is the Bernard L. and Bertha F. Cohen Professor of international relations at Lehigh University. He served as a member of the U.S. State Department Policy Planning Staff (1998–2000), working primarily on issues related to the Middle East, the eastern Mediterranean, and intelligence matters.
  • Agenda Item 10 : Visa Policy Legislation on Visa Policy and Practice

    Agenda Item 10 : Visa Policy Legislation on Visa Policy and Practice

    SCREENING CHAPTER 24 JUSTICE, FREEDOM AND SECURITY AGENDA ITEM 10 : VISA POLICY LEGISLATION ON VISA POLICY AND PRACTICE Country Session: Republic of TURKEY 13 – 15 February 2006 SCREENING CHAPTER 24 JUSTICE, FREEDOM AND SECURITY AGENDA ITEM 10: VISA POLICY LEGISLATION ON VISA POLICY AND PRACTICE Constitution of the Republic of Turkey Article 16: Fundamental rights and freedoms for aliens may be restricted by law, in a manner consistent with the international law. 13 – 15 February 2006 Republic of TURKEY 2 SCREENING CHAPTER 24 JUSTICE, FREEDOM AND SECURITY AGENDA ITEM 10: VISA POLICY LEGISLATION ON VISA POLICY AND PRACTICE Visa policy of Turkey is laid down by the MFA in consultation with the Ministry of Interior in particular and other relevant Ministries and institutions. Turkish visa regime is regulated mainly by two laws: - Passport Law No:5682 of 24 July 1950 - Law On The Residence And Travel of Aliens In Turkey No: 5683 of 17 July 1950 13 – 15 February 2006 Republic of TURKEY 3 SCREENING CHAPTER 24 JUSTICE, FREEDOM AND SECURITY AGENDA ITEM 10: VISA POLICY LEGISLATION ON VISA POLICY AND PRACTICE Passport Law No:5682 This law does not only regulate the Turkish passport regime. It is also the basic legal text outlining the entry conditions of aliens to Turkey. (Articles 1-10 and 24-32 are related to visa issue.) 13 – 15 February 2006 Republic of TURKEY 4 SCREENING CHAPTER 24 JUSTICE, FREEDOM AND SECURITY AGENDA ITEM 10: VISA POLICY LEGISLATION ON VISA POLICY AND PRACTICE Authorities responsible for visa procedures: Ministry of Foreign
  • Naturalized U.S. Citizens: Proving Your Child's Citizenship

    Naturalized U.S. Citizens: Proving Your Child's Citizenship

    Fact Sheet Naturalized U.S. Citizens: Proving Your Child’s Citizenship If you got your U.S. citizenship and you are a parent, your non-citizen children also become citizens in some cases. This is called “derived” citizenship. BUT you still need to get documents like a certificate of citizenship or a passport, to PROVE that your child is a citizen. This fact sheet will tell you the ways to get these documents. This fact sheet does not give information about the process of getting documents to prove citizenship for children born in the U.S., children born outside the U.S. to U.S. citizen parents, or children adopted by U.S. citizens. This fact sheet talks about forms found on the internet. If you don’t have a computer, you can use one at any public library. You can also call the agency mentioned and ask them to send you the form. When a parent becomes a citizen, are the children automatically citizens? The child may be a U.S. citizen if ALL these things are, or were, true at the same time: 1. The child is under 18 years old. 2. The child is a legal permanent resident of the U.S. (has a green card) 3. At least one of the parents is a U.S. citizen by birth or naturalization. If that parent is the father but not married to the other parent, talk to an immigration lawyer. 4. The citizen parent is the biological parent of the child or has legally adopted the child.
  • Citizenship Denationalized (The State of Citizenship Symposium)

    Citizenship Denationalized (The State of Citizenship Symposium)

    Indiana Journal of Global Legal Studies Volume 7 Issue 2 Article 2 Spring 2000 Citizenship Denationalized (The State of Citizenship Symposium) Linda Bosniak Rutgers Law School-Camden Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the International Law Commons Recommended Citation Bosniak, Linda (2000) "Citizenship Denationalized (The State of Citizenship Symposium)," Indiana Journal of Global Legal Studies: Vol. 7 : Iss. 2 , Article 2. Available at: https://www.repository.law.indiana.edu/ijgls/vol7/iss2/2 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Citizenship Denationalized LINDA BOSNIAK° INTRODUCTION When Martha Nussbaum declared herself a "citizen of the world" in a recent essay, the response by two dozen prominent intellectuals was overwhelmingly critical.' Nussbaum's respondents had a variety of complaints, but central among them was the charge that the very notion of world citizenship is incoherent. For citizenship requires a formal governing polity, her critics asserted, and clearly no such institution exists at the world level. Short of the establishment of interplanetary relations, a world government is unlikely to take form anytime soon. A good thing too, they added, since such a regime would surely be a tyrannical nightmare.2 * Professor of Law, Rutgers Law School-Camden; B.A., Wesleyan University; M.A., University of California, Berkeley; J.D., Stanford University.
  • Palestinian Refugees and the Right of Return: an International Law Analysis Gail J

    Palestinian Refugees and the Right of Return: an International Law Analysis Gail J

    BADIL - Information & Discussion Brief Issue No. 8, January 2001 Palestinian Refugees and the Right of Return: An International Law Analysis Gail J. Boling BADIL-Briefs aim to support the Palestinian-Arab and international debate about strategies for promotion of Palestinian refugees' right of return, restitution, and compensation in the framework of a just and durable solution of the Palestinian/Arab - Israeli conflict. Background Brief No. 8 is the first of three Briefs (covering the right of return, restitution, and compensation), that examine the basis in international law for a framework for durable solutions for Palestinian refugees. This Brief examines the individual right of return of Palestinian refugees displaced in 1948 as set forth in UN General Assembly Resolution 194(III) of 11 December 1948 as grounded in international law. It is important to note that the individual right of return is completely separate from any collective right of return. However, individual and collective rights are not mutually exclusive under international law but rather supplementary and complementary; the exercise of one right can never cancel out the exercise of another and should never be viewed as doing so. In this Brief, the author argues that the right of refugees to return to their homes and properties had already achieved customary status (binding international law) by 1948. UN Resolution 194, therefore, simply reaffirms international legal principles that were already binding and which required states to allow refugees to return to their places of origin, and prohibited mass expulsion of persons - particularly on discriminatory grounds. UN Resolution 194's consistency with international law and practice over the past five decades further strengthens its value as a normative framework for a durable solution for Palestinian refugees today.
  • Is the Turkish Cypriot Population Shrinking?

    Is the Turkish Cypriot Population Shrinking?

    CYPRUS CENTRE 2/2007 REPORT 2/2007 Is the Turkish Cypriot Population Shrinking? Shrinking? Cypriot Population Turkish Is the The demography of north Cyprus is one of the most contested issues related to the island’s division. In particular, the number of indigenous Turkish Cypriots and Turkish immigrants living in the north has long been a source of dispute, not only among the island’s diplomats and politicians but also among researchers and activists. Until recently, the political use of demog- raphy has hindered comprehensive study of the ethno-demographic make-up of the north, while at the same time making a thorough demographic study all the more imperative. The present report addresses this situation by providing an analysis of the results of the 2006 census of north Cyprus, comparing these fi gures with the results of the previous census. The report focuses mainly on identifying the percentage of the population of north Cyprus who are of Turkish-mainland origin and also possess Turkish Cypriot citizenship – an important factor given claims that such citizens play an signifi cant role in elections in the north. In addi- tion, the report examines the arrival dates of Turkish nationals in order to analyze patterns of migration. This, in turn, is indicative of the numbers of naturalized Turkish Cypriot citizens who have arrived in Cyprus as part of an offi cial policy. The report also presents estimates for Turkish Cypriot emigration to third countries, based on immigration and census fi gures from the two main host countries: the United Kingdom and Australia. Following analysis of these latter fi gures and the results of the 2006 census, it is argued that claims of massive emigration by Turkish Cypriots to third countries are largely misleading.
  • Azerbaijan's Strategic Outlook | the Washington Institute

    Azerbaijan's Strategic Outlook | the Washington Institute

    MENU Policy Analysis / PolicyWatch 354 Azerbaijan's Strategic Outlook Nov 24, 1998 Brief Analysis hen the Republic of Azerbaijan achieved independence in 1991, war broke out with Armenia. By 1993, W Armenian forces were in control of 20 percent of Azerbaijan's territory, 1 million Azerbaijanis were refugees, Azerbaijani industry was collapsing, inflation exceeded 1,000 percent a year, and a civil war had erupted. The situation began to stabilize, however, when Haidar Aliyev assumed the presidency in 1993. The new government set several priorities: strengthening Azerbaijan's independence and democracy, ending the civil war and the war with Armenia, and opening up the country to investors in order to strengthen economic potential. > Since 1993, most of these objectives have either been met or are on the path toward being met. Azerbaijan is truly independent; it is the only former Soviet republic without any Russian military presence. In fact, there are no foreign military bases in Azerbaijani territory. The internal warfare is over and Azerbaijan now stands as arguably the Caucasus's most stable country. A cease-fire has governed Azerbaijan's relationship with Armenia for the past four years; progress was being made on a final peace settlement until the rise of radical forces in Armenia brought it to a halt. A new constitution was adopted, presidential and parliamentary elections were held, and the death penalty was abolished. Independent newspapers and television stations have proliferated. Economic development has been significant: Azerbaijan's gross domestic product grew by 8 percent last year, and privatization has been proceeding well. Most of all, Azerbaijan leads all former Soviet republics in bringing in foreign investment.