8国际法上的个人.ppt

Chapter Eight: Citizen in International Law 国际法既是调整国家之间关系的法律，同时也涉及各国国民。本章要求掌握个人在国际法上的法律地位；国籍问题；国家对其国民的管辖权；庇护及引渡等主要内容。 1. Nationality 1.1 The conception of nationality A mans nationality is a continuing legal relationship between the sovereign state on the one hand and the citizen on the other. Nationality of an individual is his quality of being a subject of a certain state. 1.2 International importance of nationality It is always material to know of which state a particular person is a national. The reason is that nationality has various important incidents at international law: i. The right to diplomatic protection abroad is an essential attribute of nationality. We have already seen that in questions of state responsibility, it is regarded as a vital right of each state that it should be entitled to protect its subjects abroad. ii. The state of which a particular person is a national may become responsible to another state if it has failed in its duty of preventing certain wrongful acts committed by this person or of punishing him after these wrongful acts are committed. iii. Generally, a state does not refuse to receive back on its territory its own nationals. iv. Nationality imports allegiance, and one of the principal incidents of allegiance is the duty to perform military service for the state to which such allegiance is owed. v. A state has a general right, in the absence of a specific treaty binding it to do so, to refuse to extradite its own nationals to another state requesting surrender. vi . Enemy status in time of war may be determined by the nationality of the person concerned. vii . States may frequently exercise criminal or other jurisdiction on the basis of nationality. ,修改,国籍,中国,明星,外国,户口,不知道为什么，如今国人都喜欢使用外国国籍，你比如这些个名演员名导演什么的... 徐帆 加拿大国籍 许晴 日本国籍 胡兵 泰国国籍 蒋雯丽 美国国籍 李连杰 美国国籍 王姬 美国国籍 宁静 美国国籍 蒋大为 加拿大国籍 苏瑾 新西兰国籍 斯琴高娃 瑞士国籍 韦唯 德国国籍 张铁林 英国国籍 1.3 Acquisition of nationality 1.3.1