ORCID
- Gauci, Gotthard: 0000-0002-9439-6485
Abstract
This paper compares and contrasts the international legal regime which regulates the nationality of both a physical and a legal person. The authors discuss the juridical nature of nationality, nationality of a res and of humans, and reflect upon the recent sale by states of their nationality to non-citizens thereby shifting human nationality closer to the commodification of nationality of which ships are a traditional instance. It concludes that nationality of ships and of humans has in some legal systems moved away from the classical International Court of Justice’s Nottebohm case requirement of a pre-existing genuine link to one where nationality is reduced to a commodity.
DOI
10.2478/iclr-2018-0007
Publication Date
2018-01-31
Publication Title
International and Comparative Law Review
Volume
17
Issue
1
First Page
167
Last Page
191
ISSN
1213-8770
Organisational Unit
Plymouth Business School
Keywords
Flags of convenience, Ship registration, Ship nationality, Bareboat registration, Citizenship, Nationality, Dual citizenship, Sale of passports, Genuine link, Statelessness, Interdiction, Revocation of nationality, Nottebohm case, Legal fiction, Commodification of nationality
Recommended Citation
Gauci, G., & Aquilina, K. (2018) 'The legal fiction of a genuine link as a requirement for the grant of nationality to ships and humans – the triumph of formality over substance?', International and Comparative Law Review, 17(1), pp. 167-191. Available at: https://doi.org/10.2478/iclr-2018-0007
