Test III

1. Make the literary translation of the text. Nationality

Nationality is the link between an individual and a state. Nationality serves first to determine which person enjoys the rights and is bound by the obligations which a state grants to its nationals. Nationality has great significance and performs many functions in international law. On the basis of nationality, states have the right to exercise diplomatic protection of their own nationals. States may exercise civil or criminal jurisdiction on the basis of nationality. States may refuse to extradite their own nationals to another state requesting extradition.

Nationality also implies specific obligations, such as the duty to perform military service for the national state. The main idea in nationality is the freedom of states in determining the rules of nationality. Each state has the right to define who are its nationals and who are not.

Questions of nationality fall within the domestic jurisdiction of each state. For instance, only Kyrgyz law may define on which basis someone is Kyrgyz or not. Under the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Rules, “it is for each State to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality ". (Art. 1) Although nationality is primarily a matter of municipal law of each state, it is nevertheless governed to a large extent by principles of international law. While each state determines who are its nationals, national law cannot be inconsistent with international conventions, international custom and general principles of law.

2. Answer the questions to the text.

1. What does nationality serve to?

2. What rights do states possess in relation to their citizens?

3. Does nationality imply any specific obligations of citizens towards the national state?

4. Nationality is not a matter of only national law of each state, is it?

3. Complete the following passage, using suitable forms of the given words:

Legal, the matter, permits, territorial, bigamy, wherever, murder, corollary.

Nationality jurisdiction

It is clear that international law 1)…….... (but does not require) a state to exercise jurisdiction over its nationals, 2)………. they may be when the offence or civil wrong is committed. A national is entitled to the diplomatic protection of his or her state at all times and, as a 3)………., he or she is subject to its civil and criminal jurisdiction. Necessarily, the jurisdiction will not be exercised until the national physically comes within the territory of his or her home state and it may be that the state takes no action because 4)………. has been dealt with by the state in whose territory the events did occur. However, there is a recognized 5)………. right to exercise jurisdiction on the basis of nationality, and this is now exercised by the UK in respect of offences of a serious nature (e.g., 6)………. , some sexual offences. Thus, in the Trial of Earl Russell [1901] AC 446, the defendant, a UK national, was convicted of 7)………. even though the second act of marriage took place outside the United Kingdom. This case is also an early (and then rare) example of the subjective 8)………. principle in operation in the United Kingdom.

4. Match the words listed below with the dictionary definitions which follow.

citizenship	naturalization	treaty	ban
to dodge	to consider	consequence	acquire
withdrawal	to restrict	responsibility	ground
effluent	collision	distinguish	to draw up

1. To keep within limits.

2. Move quickly to one side, change position or direction, in order to escape or avoid something.

3. Order within authority that something must not be done, said, etc.

4. Contract or other written instrument binding two or more states under international law.

5. Stream flowing from a larger stream, or from a lake, sewage tank, etc.

6. To see, hear, recognize, and understand well the difference.

7. To make valid, to adjust, to process.

8. Relationship between an individual and a state in which the individual owes allegiance to the state and in turn is entitled to its protection.

9. Process of granting nationality or citizenship to an alien.

10. Colliding, clash, conflict.

11. Reasons for saying, doing, or believing something.

12. To take into account, to make allowances for.

13. That which follows or is brought about as the effect of something.

14. Impressment, reserve, shut-down, requisitioning.

15. Being accountable.

16. To gain for oneself by skill or ability, by one’s own efforts or behaviour.

5. Read the following text, entitle it, divide it into parts, and give your title to each part you make.

If nationality rules are ultimately decided by the municipal law of each state, some principles are, however, commonly adopted by states. Nationality may be acquired as the result of birth or it may be acquired by naturalization. A person's nationality is determined by that of his parents (jus sanguinis) or by the state of the territory of birth (jus soli). These two most important ways of acquiring nationality are not mutually exclusive. The law of a very large number of states rests on both. It is worth mentioning, that many legislations stipulate that children born to foreigners exercising official duties on behalf of their government will not acquire the nationality of the state where their parents exercise their duties. Many states have also applied the principle of jus soli to birth on ships or aircraft registered under their flag: children born on a British vessel could acquire the British nationality (this rule is also applied in Argentina, Commonwealth states, Germany, Norway and the United States). Individuals may acquire a new nationality by naturalization. Naturalization is the formal act whereby an alien is received as a national of a given state. This is based on an explicit and voluntary act of the individual. Many states allow naturalization but usually require social or residential links. A prolonged residence in the state is often a condition of acquiring the nationality of this state. Naturalization is defined as a voluntary act. In some cases nationality may be conferred automatically as the effect of some changes in civil status. In some states, a wife acquires automatically the nationality of her husband (this rule is usually justified by the necessity of maintaining family unity) and she is unable to retain her own nationality even if she intended so. In order to favour sexual equality, the United Nations General Assembly adopted in 1957 the Convention on the Nationality of Married Women. Under the terms of this convention, each contracting state agrees that "neither the celebration nor the dissolution of marriage between one of its nationals and an alien, nor change of nationality by the husband during marriage, shall affect the wife's nationality automatically". Neither marriage to an alien nor change of the nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of husband; States Parties shall grant women equal rights with men with respect to the nationality of the children. «The modern tendency followed by states is that a wife or a husband may acquire her or his spouse's nationality by means of facilitated naturalization. This naturalization is not automatically granted. It needs the consent of the person concerned. Under many legislations a minor may acquire the nationality of his adoptive parents.

6. Try to give your explanation or find synonyms for the following words relating to the given topic:

Protection, to extradite, military service, domestic, consistent, inconsistent, to acquire, to entitle, request, to exercise, to enjoy.

7. Translate the text into English.