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Russian Nobleman Nationality Case

Federal Republic of Germany.  08 March 1971 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

States as intemational persons — In general — Extinction of States — Effect on nationality — The law of the Federal Republic of Germany

States as international persons — Succession of governments — In general — Effect on nationality — Russian Revolution, 1917 — The law of the Federal Republic of Germany

State territory — In general — Effects of changes of sovereignty — On nationality — Russian Revolution, 1917 — The law of the Federal Republic of Germany

The individual in international law — Nationality — In general Claim for unjust enrichment — Continuity of nationality of ownership of claim — Iran- United States Claims Settlement Declaration, 1981 — The law and practice of the Iran- United States Claims Tribunal

The individual in international law — Nationality — Acquisition of — Nationality as affected by change of sovereignty — Conditions for acquisition of nationality — Whether governed by international law or a matter for State discretion — Changes in sovereignty over State territory — Effect on nationality — Russian Revolution, 1917 — The law of the Federal Republic of Germany Seep. 435 (Russian Nobleman Nationality Case).

The individual in international law — Miscellaneous — Refugees — Geneva Convention Relating to the Status of Refugees, 1951, Article 12 (2) — Whether has retroactive effect on rights acquired under old personal status — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of — Operation and enforcement — Geneva Convention Relating to the Status of Refugees, 1951 — Whether has retroactive application — The law of the Federal Republic of Germany

Treaties — Interpretation of — Agencies of interpretation — Presumed intention of the parties — Policy considerations — Geneva Convention Relating to the Status of Refugees, 1951 — Whether has retroactive application — The law of the Federal Republic of Germany

War and neutrality — Warfare on land — Occupation of enemy territory — Nature and effects of the occupation — Extent of legislative power of occupying State — The law of the Federal Republic of Germany

The individual in international law — Nationality — Expatriation Loss of Nationality — Emigration — Whether automatically results in loss of nationality — Conditions for acquisition and loss of nationality — Whether governed by international law or State discretion — Succession of governments — Russian Revolution, 1917 — Effect on nationality — Changes in sovereignty over State territory and extinction of States — Effect on nationality — Russian citizen abroad — Whether affected by Soviet decree abolishing nobility — Personal and territorial jurisdiction — Definition — Geneva Convention Relating to the Status of Refugees, 1951, Article 12 (2) — Whether having retroactive effect on acquired rights — Wartime occupation — Extent of legislative power of occupying State — Principle of good faith Applicability to measures enacted during occupation — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1987

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