К вопросу формирования права на множественное гражданство

Abstract

The article is devoted to considering and grounding the right to multiple nationality. In the author's opinion the right to multiple nationality is one of the oldest rights, which nevertheless remains one of the least researched in international law. The right to multiple nationality belongs not only to individuals, but to communities, which can be citizens (or members) of another community (receiving state) that can recognize a person or group as part of the community, exercising the rights and obligations of citizenship. The state of multiple nationality differs from the right to it. Depending on the attitude of individual persons, their groups (communities) and the receiving states to multiple nationality and its issues, the attitude to the right to multiple nationality varies. The right to double nationality (bipatrism) has travelled a long cyclical way from individual recognition as an exception from the general rule on nationality in ancient times to the emergency of a customary norm of law, which later is transformed into the treaty obligations of international law. The right to multiple nationality has not yet become a completely formed right, it is still in the process of development. Multiple nationality and the right to it are not good or evil as some people think, with the acute controversy going on among academics, politicians and general public. This right stems from the principle of sovereign equality of states. Like any other right it can be used for the good or for the evil by different forces. But this is hardly the ground for its elimination or uncontrolled development. The article demonstrates that both the theory and practice nowadays do not leave a possibility to eliminate the state of multiple nationality without damaging democracy or global security. The attempts of various states to restrict multiple nationality have not been a success and are not likely to be effective in the near future. Moreover, the concept of double nationality, which has not stood out in legal theory before, has been gathering momentum recently; the concept envisaging differentiation depending on specifics. A more thorough and complete study of the state of multiple nationality and its further use in the practice of granting citizenship to individuals and groups is required for a more efficient and secure development of this right. Elaboration of the problems and the methods and specific ways of settling them is also necessary. Without doubt, the international law experience must play a significant part here. A civilized, high-grade solution of the issue of the right to multiple nationality is bound to contribute greatly to international law development.