Protégés

Social Phenomenon ◽

Economic Rights ◽

Over the course of the nineteenth century, the figure of the protégé became a source of great anxiety throughout the Ottoman world. Fear of unbridled commercial and economic rights for foreign protégés (most of them non-Muslims) lay behind the first Ottoman nationality law, promulgated in 1869. In fact, there were very few officially recognized protégés, most of them consular employees. After the 1860s, the protégé became a challenge for the emerging field of private international law, as a diverse social phenomenon was translated into a formal legal status. Protection was something less than citizenship, but something more than local status.

THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

RIMAK International Journal of Humanities and Social Sciences ◽

10.47832/2717-8293.8-3.17 ◽

2021 ◽

Vol 03 (08) ◽

pp. 225-240

Author(s):

Hiba Thamer MAHMOOD

Keyword(s):

International Law ◽

Islamic Law ◽

Comparative Approach ◽

Human Right ◽

Applicable Law ◽

Mother And Child ◽

The Right ◽

International Conventions ◽

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

Globalized Cross-Border Insolvency Law: The Roles Played by China

European Business Organization Law Review ◽

10.1007/s40804-021-00222-2 ◽

2021 ◽

Author(s):

Zinian Zhang

Keyword(s):

International Law ◽

Legal Status ◽

Insolvency Law ◽

Cross Border ◽

Recognition And Enforcement ◽

Foreign Judgment ◽

Judicial Assistance ◽

First Time

AbstractThis study empirically investigates China’s participation in the globalized cross-border insolvency collaboration system. It is the first time for the development of China’s cross-border insolvency law to be examined against the background of private international law on foreign judgment recognition and enforcement. The findings of this article reveal that foreign bankruptcy representatives face considerable difficulties in satisfying the treaty and reciprocity requirements when seeking judicial assistance from China, and that local protectionism in favour of China’s state-owned and state-linked companies undermines foreign bankruptcy representatives’ confidence in approaching China’s courts for support. Although there are several court recognitions of foreign bankruptcy judgments in China, this article finds that they are only used to acknowledge the legal status of foreign bankruptcy representatives to meet the demands of government authorities; Chinese courts have not taken a substantial step in recognizing a foreign bankruptcy judgment so as to bar individual creditors’ action in the interest of a foreign bankruptcy proceeding. On the contrary, for Chinese bankruptcy representatives seeking assistance abroad, they could take advantage of the liberal judicial infrastructure, especially of some advanced jurisdictions, to obtain recognition and relief.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 49 Turkey: Turkish Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0049 ◽

2021 ◽

Author(s):

Ekşi Nuray

Keyword(s):

International Law ◽

International Treaties ◽

International Treaty ◽

Foreign Nationals ◽

Procedural Law ◽

Commercial Code ◽

Turkish Commercial Code ◽

The Hague ◽

This chapter explores Turkish perspectives on the Hague Principles. The content of Turkish Private International Law is highly comprehensive. In addition to choice of law and international procedural law, it also covers nationality law, as well as the law on foreign nationals. Private international law rules and issues regarding international procedural law are codified in Law No 5718 on Private International Law and Procedural Law (PILA), which has been in force since 2007. Besides the PILA, the Turkish Commercial Code contains conflict of laws rules regarding bills of exchange, checks, and promissory notes. According to Article 1(2) PILA, the application of international treaties ratified by Turkey takes priority over the application of PIL rules. Consequently, in each case, the court, before taking into account PILA’s Articles, has to determine whether any international treaty exists regarding international commercial contracts. If an international treaty exists, then it takes priority unless otherwise expressed in the treaty itself. For the time being, the Turkish Parliament has no intention to revise the PILA and supplement it with the Hague Principles.

The Integrated Approach to Private and Public International Law—A Distinctive Feature of Italian Legal Thinking

A History of International Law in Italy ◽

10.1093/oso/9780198842934.003.0011 ◽

2020 ◽

pp. 262-282

Author(s):

Pietro Franzina

Keyword(s):

Nineteenth Century ◽

International Law ◽

Distinctive Feature ◽

Integrated Approach ◽

Major Influence ◽

Public And Private ◽

Origin And Evolution ◽

Private And Public ◽

Legal Thinking

International law scholarship has traditionally been understood in Italy as encompassing the study of both public and private international law. The two subjects are still considered jointly for recruitment purposes and are mostly taught by the same professors. Pasquale Stanislao Mancini, who regarded nationality as a foundation of both disciplines, had a major influence on the popularization of this approach in the mid-nineteenth century. The advent of positivism, a few decades later, entailed a general rejection of Mancini’s views but did not challenge the integrated approach to the different branches of international law. Rather, the positivist turns triggered a renewed reflection on the ties between the two subjects. The study of international law, some argued, should cover, alongside international rules, such municipal rules as deal with international matters. The chapter outlines the origin and evolution of the Italian integrated approach to international law and its perception by today’s scholars, in Italy and abroad.

Same-Sex Relationships and Anglo-Canadian Choice of Law: An Argument for Universal Validity

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800006342 ◽

1997 ◽

Vol 34 ◽

pp. 103-136

Author(s):

Wendy A. Adams

Keyword(s):

Supreme Court ◽

International Law ◽

Legal Status ◽

Supreme Court Of Canada ◽

Same Sex ◽

Choice Of Law ◽

The Supreme Court ◽

The Face

SummaryThe distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.

Introduction

10.1093/oso/9780198819844.003.0001 ◽

2018 ◽

Author(s):

Roxana Banu

Keyword(s):

Nineteenth Century ◽

International Law ◽

Intellectual History ◽

Historical Account ◽

The Common ◽

The Individual ◽

Historical Accounts ◽

Point Of Reference

This chapter describes and contests the common assumptions about nineteenth-century private international law intellectual history. Conventional historical accounts focus on broad schools of thought in private international law (PrIL), such as nationalism and internationalism, or personality and territoriality. By contrast, the central thesis of this book, described in this first chapter, is that internationalism was constructed differently depending on whether nineteenth-century internationalists took the state or the individual as the point of reference. This chapter argues that reading contemporary concepts and debates into nineteenth-century PrIL scholarship prevented us from engaging with the nuances and unique motivations of nineteenth-century PrIL theories. Instead, this introductory chapter outlines the contextual perspective adopted in this book’s intellectual historical account, which ultimately helps in recovering and reconstructing a relational internationalist perspective in nineteenth-century private international law legal thought.

Egyptian Citizenship Legislation, Private International Law, and Their Impact on Individual Rights

Middle East Law and Governance ◽

10.1163/18763375-00603006 ◽

2014 ◽

Vol 6 (3) ◽

pp. 272-295 ◽

Cited By ~ 1

Author(s):

Tarek Badawy

Keyword(s):

International Law ◽

Legal Status ◽

Individual Rights ◽

Citizenship Status ◽

Property Ownership ◽

Foreign Nationals ◽

Recent Developments ◽

Legal Restrictions

Under Egyptian law, citizenship plays a major role in defining the rights that a person may exercise. While Egyptians are generally free to work in any profession and own all types of property, foreign nationals are subject to restrictions, which vary depending on the rights they wish to exercise and their legal status in the country. Access to Egyptian citizenship is a discretionary process that is potentially discriminatory along ethnic, religious, and national lines. This article examines recent developments in legislation governing citizenship and individual rights in Egypt. It proceeds to outline areas in which non-Egyptians are subject to legal restrictions in accordance with applicable legislation, notably in the areas of residence, property ownership, adjudication, employment, and education. It finds that Egyptian law in effect creates a complex hierarchy of rights based primarily on citizenship status.

Ottomans

Identifying with Nationality ◽

10.7312/columbia/9780231177627.003.0012 ◽

2017 ◽

pp. 236-255

Author(s):

Will Hanley

Keyword(s):

International Law ◽

Ottoman Empire ◽

Turn Of The Century ◽

Nation State ◽

Political Citizenship ◽

Historians agree that Egypt was, for all intents and purposes, independent of the Ottoman empire by the last quarter of the century. This chapter examines legal rather than political citizenship, drawing on travel documents, census categories, and jurisdictional arguments in the realm of private international law. The twenty-thousand-odd Ottoman subjects residing in Alexandria at the turn of the century were not governed by the Capitulations, nor were they subjects of the Egyptian khedive. Both “local” and “foreign,” these Ottomans were imperial citizens at a time of rising nation-state nationality law.

Marriage

Identifying with Nationality ◽

10.7312/columbia/9780231177627.003.0007 ◽

2017 ◽

pp. 137-152

Author(s):

Will Hanley

Keyword(s):

International Law ◽

Private Life ◽

Human Diversity ◽

Legal Technology ◽

Marriage (and related questions of divorce, inheritance, custody, and maintenance) was the most important trigger of nationality law jurisprudence in Alexandria. Breakdowns in private life drove litigants into a formal legal sphere that had taken the place of local and non-state adjudication. Many of these litigants were reluctant to concede sovereignty on the basis of nationality; others were eager to explore the limits of nationality-based claims. Here more than anywhere, the new legal technology of private international law struggled to corral human diversity. This chapter shows how lines of gender, sect, and class revealed nationality’s inconsistencies and the improvised nature of its practice.

The Atlantic Prehistory of Private International Law: Trading Companies of the New World and the Pursuit of Restitution in England and France, 1613–43

Itinerario ◽

10.1017/s016511531700064x ◽

2017 ◽

Vol 41 (3) ◽

pp. 452-483 ◽

Cited By ~ 2

Author(s):

Edward Cavanagh

Keyword(s):

Nineteenth Century ◽

International Law ◽

Case Studies ◽

New World ◽

The Other ◽

The Road ◽

Saint Lawrence River ◽

Private Actors ◽

Different Parts

This article concerns itself with the kind of legal conflicts that broke out in the Atlantic New World between merchant interests from different parts of Europe. Case studies are made of two disputes: one between Samuel Argall of the Virginia Company and a factor on behalf of Antoinette de Pons at the Île des Monts-Déserts, and the other between the Compagnie de Caën and the Kirke brothers at the Saint Lawrence River. Together, these case studies reveal how important it was for merchant interests to have resident ambassadors and state officials advancing their interests in England and France. Procedural difficulties and jurisdictional uncertainty often impeded the road to redress. Additionally, this article suggests that the peacetime reckoning of events associated with warfare provided an optimal opportunity for disaffected private actors to have their claims for redress recognised. The extent to which private overtures for restitution relied upon public acts of diplomacy reveals some of the reasons why it is not possible to date the origins of private international law before the long nineteenth century. Rather we might profitably identify, in events such as these, the prehistory of private international law.