Ius Doni in International Law and EU Law


Book Description

In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.




Citizenship and Residence Sales


Book Description

Citizenship and residence by investment is a fast-growing global phenomenon. As of 2022, more than a third of all countries in the world offered paths to membership in exchange for a donation or investment into their economies. Yet we know little about how these programmes operate and debates in academia and the wider public are often misinformed by sensationalist cases. This book offers a multidisciplinary exploration of both citizenship and residence by investment on a global scale. Bringing together the expertise of leading legal scholars, economists, sociologists, political scientists, and historians, it provides an informative and empirically grounded assessment of the origins, operation, key causes, and the legal bases of the investment migration programmes. By so doing, the volume demystifies citizenship and residence by investment and takes a critical postcolonial global perspective, addressing key issues in belonging, exclusion, and inequality that define the world today.




Citizenship


Book Description

The story of citizenship as a tale not of liberation, dignity, and nationhood but of complacency, hypocrisy, and domination. The glorification of citizenship is a given in today's world, part of a civic narrative that invokes liberation, dignity, and nationhood. In reality, explains Dimitry Kochenov, citizenship is a story of complacency, hypocrisy, and domination, flattering to citizens and demeaning for noncitizens. In this volume in the MIT Press Essential Knowledge series, Kochenov explains the state of citizenship in the modern world. Kochenov offers a critical introduction to a subject most often regarded uncritically, describing what citizenship is, what it entails, how it came about, and how its role in the world has been changing. He examines four key elements of the concept: status, considering how and why the status of citizenship is extended, what function it serves, and who is left behind; rights, particularly the right to live and work in a state; duties, and what it means to be a “good citizen”; and politics, as enacted in the granting and enjoyment of citizenship. Citizenship promises to apply the attractive ideas of dignity, equality, and human worth—but to strictly separated groups of individuals. Those outside the separation aren't citizens as currently understood, and they do not belong. Citizenship, Kochenov warns, is too often a legal tool that justifies violence, humiliation, and exclusion.




Kälin and Kochenov’s Quality of Nationality Index


Book Description

Kälin and Kochenov's Quality of Nationality Index (QNI) ranks the objective value of all nationalities as legal statuses of attachment to states. Using a wide variety of strictly quantifiable data to gauge the opportunities presented and limitations imposed by nationalities on their holders, the QNI provides a comprehensive ranking of the intrinsic quality of each citizenship status in the world. Both the internal value (economic opportunities, human development and peace and stability) and the external value (including the number and quality of visa-free travel and, crucially, settlement destinations) of all the nationalities in the world are measured, only to reveal the reality that the quality of nationalities is not correlated with the prestige of the issuing states. Beautifully produced, richly illustrated and accompanied by insightful expert commentary, the QNI is the seminal reference for the citizenship aficionados. It is also an invaluable tool to illustrate the huge discrepancies in the value of the nationalities of the world: showcasing first-hand the unequal distribution of rights and opportunities which different nationalities bring to their holders. The full QNI dataset on which this work is based is available in open access on Mendeley.




European Citizenship under Stress


Book Description

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.




What Happened to Equality?


Book Description

In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.




Cultural Heritage in the European Union


Book Description

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.




Europe and the Americas


Book Description

In Europe and the Americas: Transatlantic Approaches to Human Rights, leading scholars of different disciplines offer new insight into transatlantic approaches to human rights. At a time when global challenges (economic crises, poverty, terrorism, mass migration and climate change) have a profound impact on the universal development of human rights and democracy, a common transatlantic understanding of human rights may prove instrumental in meeting these challenges. Through conceptual discussions, by analysing different human rights topics in different periods and regions (Europe, the United States and Latin America), and by focusing on a diverse range of actors, from policy makers and judicial institutions to academics and civil society, the authors identify key developments of human rights within a transatlantic framework.




Self-employment Tax


Book Description




ASEAN and Human Trafficking


Book Description

Trafficking in persons is a serious crime that affects the human rights, dignity and integrity of all its victims including women, men, and children in the Association of Southeast Asia Nation (ASEAN) region. ASEAN has made efforts to fight human trafficking through inter alia the establishment of regional counter-human trafficking laws and human rights bodies to establish best norms and practices for its member countries. Nevertheless, the International Labour Organization (ILO) recently declared that there are more than 11.7 million forced labor victims in the Asia-Pacific region encompassing the biggest concentration of forced labour victims in the world. This volume reviews the achievements and the deficiencies of ASEAN’s counter-human strategies at the national and regional level. It offers suggestions for the reform of ASEAN's anti-trafficking laws and for the creation of a regional anti-trafficking human rights body specialized in preventing human trafficking, promoting equal protection of all trafficking victims, and prosecuting human traffickers.