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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    22
  • Pages: 

    23-36
Measures: 
  • Citations: 

    0
  • Views: 

    41
  • Downloads: 

    0
Abstract: 

It may happen that due to the conflict between the citizenship laws of the countries, a person has Dual citizenship. In order to distinguish practical or effective citizenship, pieces of evidences and circumstances should be considered and it should be considered which government a person belongs to and is more dependent on in practice. In this sense, the place of residence, the citizenship of the person's spouse and even the passport that has been used, and finally the choice of the person himself, which is also very decisive, are taken into consideration. Slow the importance of citizenship comes from the fact that since an indiviDual does not have an unquestionable position in international law, the government is a means of providing this position for him, so the support that the government can give to an indiviDual depends on the works and role of the indiviDual citizenship relationship. This research with a descriptive-analytical method states that in Iranian laws, the original citizenship through the blood system and paternal relationship and the Jus Soli system has been accepted with completely exceptional conditions and in a partial way, and while it has given more priority to the blood principle, In English law, which is subject to the common law legal system, it has accepted the system of land and residence and modified it with the principle of blood.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    50
  • Issue: 

    4
  • Pages: 

    1567-1586
Measures: 
  • Citations: 

    0
  • Views: 

    186
  • Downloads: 

    0
Abstract: 

In Iran’, s foreign investment law the term of “, foreign investor”,included real and judicial persons such as Iranian companies controlled by foreign shareholders. On the other hand, possibility of claim against Iran by “, foreign investors”,in international forum including ICSID, in case of Iran accession to Washington convention, has been recognized. It raises the question of impact of Dual Nationality of indiviDuals and Nationality of Iranian companies as a foreign investor on ICSID jurisdiction. This paper seeks to find the answer to the question by analyzing awards issued by ICSID. The analysis shows that jurisdiction of ICSID cannot be established mere reliance on the Dual Nationality by respondent and foreign control by claimant. Instead the process of establishment of the jurisdiction is subject to subtle legal considerations.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    20
  • Pages: 

    9-33
Measures: 
  • Citations: 

    0
  • Views: 

    1782
  • Downloads: 

    0
Abstract: 

Marrying Foreigners is one of the very important issues of private international law in each country. In this case, the main question is performing the principle of unity of Nationality or multiple nationalities of couples? With regard to United Kingdom of Great Britain and Northern Ireland Nationality laws, it seems Iran is one of the countries which are still performing Principle of Unity of Nationality of couples, while the other countries like the U.K are performing Principle of Independent of Nationality of couples. However, it seems that Principle of Unity of Nationality is not sufficient of circumstances existing today in Iran. In compare with legally developed countries, Iran needs to have a more precise review on the law of its Nationality laws. In this research along investigation about the approach of Iran, and United Kingdom of Great Britain international conventions to unity of Nationality, mentioned to practical problems of this principle for Iranian citizens.

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Author(s): 

Lesani Seyed Hesamoddin

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    3
  • Pages: 

    209-232
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

According to the statute of the International Criminal Court (ICC), one of the cases of jurisdiction of the ICC as a judicial court that tries international criminals is when the accused is a national of one of the member states of the Court. This is while the statute of the Court does not provide a solution to establish the Nationality of the accused. This issue does not pose a problem for those of single Nationality, but, considering the increased number of people with Dual Nationality in the world, this issue reveals the shortcoming of the statute when an accused has Dual Nationality with one of the member states and a non-member state of the Court. Due to the fact that non-member states of the Court are against the trial of their nationals in this court, the manner of determining the jurisdiction of the Court to try people of two or more nationalities has legal importance. The importance of this discussion was augmented by the proposal to prosecute the leader of North Korea in the ICC (despite the non-membership of this state) by some non-governmental organizations relying on his South Korean Nationality (a member state of the Court) in 2016. This article seeks to answer the question that what is the basis of the Court's performance in order to establish its jurisdiction in facing people of Dual Nationality, one of whose governments is a member of the Court and the other is not? In this article, by using library sources and an analytical method, the author proves that despite the silence of the ICC statute, the Court can, according to the approaches that exist in international law to establish Nationality, acts in a manner that prevents being unpunished, as well as with respecting the sovereignty of non-member states, prevents the prosecution of their nationals without providing strong legal evidence.

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Author(s): 

MOAZZAMPOUR E.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    5
  • Issue: 

    4 (20)
  • Pages: 

    87-109
Measures: 
  • Citations: 

    0
  • Views: 

    305
  • Downloads: 

    0
Abstract: 

Hossein Kazemzadeh Iranshahr is one of the nationalist thinkers of Reza Shah Period. In his works, he ret1ected on and compared the concepts of Nationality, progress, modernism, and religion. He considers Nationality as the foundation of Iranian identity and as the only means of progress and development. He believes that politics, religion, language, and ethics are the bases of Nationality and by stressing the apparent similarities between Shi ism and Zoroastrianism tries to put a Nationality garment on religion. Through this, he attempts to introduce Shi ism as Iranian Islam In his effort to constitute an Iranian identity based on nationalism he ignores the tremendous impact of Islam and the west on Iranian identity. The present work tries to examine Iranshal1r s thoughts on Iranian identity. It also tries to criticize the fundamental concepts of his thoughts.      

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2016
  • Volume: 

    45
  • Issue: 

    4
  • Pages: 

    659-675
Measures: 
  • Citations: 

    0
  • Views: 

    3338
  • Downloads: 

    0
Abstract: 

Altering Nationality is a right for persons. According to rule 588 of commercial law, legal persons can have the complete right and duties of persons, except rights and duets that only human can have due to his nature such as rights and duties of fatherhood, sonny etc. In Persian law, unlike persons, there is not any rule about altering Nationality for legal persons especially companies and there are some texts only about ltd and stock company altering Nationality. Regarding reference of right and duty of legal persons to natural persons in addition to especial characteristic and mandatory nature of Nationality, limited texts exist on whether altering Nationality in Persian law with respect to absence of special law on form of Nationality altering, is permitted or not. The way of doing that is vague in Persian law, an issue which is addressed in the current article. In comparative law, this issue is addressed as border mobility of companies and accepted as a principle in Treaty establishing the European Economic Community; moreover, prohibition of altering Nationality or acceptance of new Nationality cited in some internal laws is modified, but in Persian law, altering Nationality is a mandatory rule and altering that is not permitted.

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Author(s): 

NASEHI A.

Journal: 

PEYKE NOOR JOURNAL

Issue Info: 
  • Year: 

    2003
  • Volume: 

    1
  • Issue: 

    3
  • Pages: 

    58-68
Measures: 
  • Citations: 

    0
  • Views: 

    14418
  • Downloads: 

    0
Abstract: 

Nationality could be defined as one’s legal, political and moral belonging to a certain state. It comes into existance in two ways: Either the state imposes it on the indiviDual at birth, or he is naturalized in the state at his own request. In this article, different viewpoints about Nationality are provided, its different kinds (such as original, acquired/derivative and territorial nationalities) and their characteristics are discussed, the conditions under which it is acquired are mentioned, and the principles which govern it (including blood and territory ones), along with the reasons why they should be followed, are taken into consideration with special regards to Iranian laws.

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Author(s): 

MARGALITH HAIM

Issue Info: 
  • Year: 

    1953
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    63-66
Measures: 
  • Citations: 

    1
  • Views: 

    130
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

GHORBANNIA NASER

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2009
  • Volume: 

    4
  • Issue: 

    2 (70 LAW)
  • Pages: 

    21-38
Measures: 
  • Citations: 

    0
  • Views: 

    272
  • Downloads: 

    0
Abstract: 

One of the most important and controversial issues in Nationality is the ways in which Nationality may be acquired. One of the commonest of such ways is "by birth". Some countries confer their Nationality on children born of parents who are nationals which is known as jus sanguinis rule. According to Article 976 of the Iranian Civil code only children who are born of Iranian fathers are considered as Iranian nationals. In 2007, Iranian parliament enacted a law to solve the problem of the Nationality of children born of an Iranian mother and a foreign father and the Guardian Council affirmed it. In this article the author will examine the new law. The article will focus on the issue of whether this piece of legislation has developed the existing rules of Nationality or not.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2011
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    133-154
Measures: 
  • Citations: 

    1
  • Views: 

    1793
  • Downloads: 

    0
Abstract: 

There are so much discussable issues about legal statues of the kids born of artificial insemination. This is while the only law that had been set about this issue is "the ways of presenting Fetus to the infertile couple law" that had been conducted in 5 articles and had left so many unanswered questions in this subject. One of the legal considered subjects about these kids is their Nationality. There isn't any special passed law by the lawmaker and these kids’ Nationality should be determined based on the public regulations. By exerting the public rules of Nationality in some cases there might be some differences in kid’s Nationality with the recipient couples. This difference makes troubles for the community, kid and the recipient couple. Eventually it is recommended considering the states freedom in determining their subjects; Iran’s law maker gives these kids Iranian Nationality.

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