The Effect of International Human Rights Treaties on Nationality

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  • 国籍に対する国際人権条約の影響
  • コクセキ ニ タイスル コクサイ ジンケン ジョウヤク ノ エイキョウ

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Nationality is a legal bond between a person and a State. In 1923. the Permanent Court of International Justice (PCIJ) held that the questions of nationality were in principle within the domestic jurisdiction of States (Nationality Decrees Issued in Tunis and Morocco 24). It is said that a State has discretion to decide the members of its community. It has been almost 90 years since this case. Since World War II. many international human right treaties have been adopted. so the author has the impression that the state's domestic jurisdiction would have been affected by these treaties. This paper shows that the area of Nationality was affected by the UN human rights treaties' provisions . First. the right to Nationality was established. and from this right, the States should take measures to avoid the occurrence of stateless people. In addition, the principle of equality of the sexes and the principle of non-discrimination affected the state's administration of Nationality. It is still uncertain that the state's discretion was limited by the human rights treaties. However. it can be said that the evolution of human rights treaties had certain effects on Nationality.

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