Cittadinanza russa offresi nel Donbass: quali limiti dal diritto internazionale?
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[1] Tuscia University
Tuscia University
Viterbo, Italia
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- Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 3, 2019, págs. 550-565
- Idioma: italiano
- Títulos paralelos:
- Russian “passportization” in Donbass: Is there any international legal limit?
- Enlaces
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Resumen
The paper aims at assessing whether the Russian policy of granting an easier way to obtain Russian nationality for certain categories of Ukrainian citizens – especially those residents in the Donetsk and Lugansk regions – is consistent with international law. To this end, it is obviously crucial to determine if there are some limits to the State’s power to confer its own nationality. This assessment is conducted through an analysis of the rules on diplomatic protection, since it is in this specific domain that State’s conferral of nationality assumes particular importance in international law. Apart from the nondiscrimination principle and States’ obligation to avoid statelessness, it is hard to find some specific limits to the State’s discretion to confer its own nationality. According to the prevailing view, a limitation to the so-called naturalization en masse may result from the prohibition of abuse of right; this research, however, endeavor to shed a light on the role that may instead be played by the principle of nonintervention.
