INTERNATIONAL LAW SUBJECTS OF PUBLIC INTERNATIONAL LAW International

INTERNATIONAL LAW SUBJECTS OF PUBLIC INTERNATIONAL LAW International Organizations Population Profª Luciana Romano Morilas

1 International Organizations Definition: Entities created under the aegis of international law, by agreement of wills of the various subjects of international law, for the purpose of pursuing within the international community, autonomous and continuously, special non-profit purpose of public interest, through its competent organs of their own.

1. 1 Essential Agencies GENERAL ASSEMBLY: All Member States should have a voice and vote, in equal conditions as the Treaty Establishes. Legislative competence center Ordinary annual meeting SECRETARY: Board of Directors of continuous operation, comprising by neutral servers on the policy of the Member States, particularly in their own States.

1. 2 Structure Permanent Council Headquarters: territorial basis Representatives: Privileges of diplomatic missions Inviolability of the facilities Finance: Non-equal contribution of the member states, according to ability to pay.

1. 2. Structure Admission of new members Limits as constitutive Treaty: Geographical Geopolitical UN: peaceful state which accepts the conditions of the Letter +acceptance of the organization The adhesion is a fundamental condition without reservation. Acceptance: completes the process. Sanctions: suspension of rights and exclusion of the frame.

1. 3 Characteristics At least three states with voting rights. Formal structure. At least three States contributing substantially to the budget. Independence to choose employees. Employees should not have the same nationality. International goal.

2 Population It is the personal dimension of the State. POPULATION: nationals + foreign permanently residing people. The concept is demographic. NATIONAL COMMUNITY: national residents + nationals residing in other states. NATIONALITY: political-legal relationship established between the individual and the state territory. NATURALNESS: physical place of birth, with the technical sense. CITIZENSHIP: political connection to the national authorizing the exercise of political rights.

PEOPLE: the personal dimension to the state. There are doctrinal divergence: For some scholars, people are all the nationals; For others, the meaning is more political and people are all citizens. STATELESS or HEIMATLOS: subject without homeland. MULTIPLE CITIZENSHIP: individual with more than one nationality.

The Universal Declaration of Human Rights (1948) states in Article 15 that “everyone has the right to a nationality”. American Convention on Human Rights (San Jose Pact): Article 20 - The right to nationality 1. Everyone has the right to a nationality. 2. Everyone has the right to the nationality of the State in whose territory he was born if not entitled to another. 3. No one shall be arbitrarily deprived of his nationality nor denied the right to change it.

2. 1 Multiple citizenship Multiple citizenships exist because different countries use different and not necessarily mutually exclusive, citizenship requirements. In the case of naturalization, some countries require applicants of naturalization to renounce their former citizenship. For example, the U. K. honors renunciation only if done with its competent authorities, and consequently citizens naturalized in the US remain British citizens in the eyes of the British government even though they are required by US authorities to renounce allegiance to any foreign power.

The case of Ireland The Republic of Ireland frames its citizenship laws as relating to "the island of Ireland", thereby extending them to Northern Island, which is part of the United Kingdom. Therefore, anyone born in Northern Ireland who meets the requirements for being an Irish citizen through birth on the island of Ireland (or a child born outside of Ireland but with a qualifying parent) may exercise an entitlement to Irish citizenship by acting in such a way that only an Irish citizen is entitled to do (such as applying for an Irish passport). People born in Northern Ireland are British citizens on the same basis as people born elsewhere in the United Kingdom. People born in Northern Ireland can hold either a British Passport or an Irish Passport, or both if they so choose.

2. 2 Nationality can be: Native: by origin Jus solis: place of birth. Jus sanguinis: ascendancy. Jus domicili: residence. Jus laboris: services for the country. Derivative: by naturalization Willingly Marriage (jus matrimonii) Territory change

2. 3 Multiple citizenship Some countries consider multiple citizenship undesirable and take measures to prevent it. This may take the following forms: Automatic loss of citizenship if another citizenship is acquired voluntarily (e. g. , Azerbaijan, China, Denmnark, Japan, Brazil) Possible (but not automatic) loss of citizenship if another citizenship is acquired voluntarily (e. g. , Singapore). Automatic loss of citizenship if children born with multiple citizenships do not renounce the other citizenships after reaching the age of majority (e. g. , Japan). Criminal penalties for exercising another citizenship (e. g. , Saudi Arabia).

2. 4 Examples It is possible to become a citizen of multiple countries even if some or all of these countries forbid dual or multiple citizenship. Germany and Austria usually do not allow dual citizenship except for persons who obtain more than one citizenship at the time of birth, but Germans and Austrians can apply for a permit to keep their citizenship before taking a second one (e. g. , Arnold Schwarzenegger holds Austrian and US citizenship). Spain allows dual citizenship with some Latin-American countries (Argentina, Bolivia, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, and Peru), Andorra, Portugal, The Philippines and Equatorial Guinea. Spain does not require citizens of these countries who wish to naturalize to renounce their existing citizenship.

2. 5 Supra-national citizenship: EU citizenship: freedom to live and to work in another EU country for an unlimited period of time, but member states may reserve the right to vote, stand for election, become a public servant, etc. only for their citizens. An EU state may place restrictions on the free movement rights of citizens of newly admitted states for several years, such provisions remain in force mostly for nationals of an EU state may place restrictions on the free movement rights of citizens of newly admitted states for several years, such provisions remain in force mostly for nationals of Bulgaria and Romania (maximally up to 2014; for Switzerland 2016).

2. 5 Supra-national citizenship: The Commonwealth COMMONWEALTH CITIZENSHIP: Some member states (such as the United Kingdom) allow nonnationals who are Commonwealth citizens to vote and stand for election while resident there. Others make little or no distinction between citizens of other Commonwealth nations and citizens of non. Commonwealth nations. Commonwealth of Independent States nations (the republics of the former Soviet Union) are often eligible for fast track processing to citizenships of other CIS countries, with varying degrees of recognition/tolerance of dual citizenship between the states.

2. 6 Potential issues with multiple citizenship People with multiple citizenship may be viewed as having dual loyalty, having the potential to act contrary to a government's interests, and this may lead to difficulties in acquiring government employment where security clearance may be required. Dual citizenship is associated with two categories of security concerns in the United States: foreign influence foreign preference Article 23 -8 of the French civil code allows the French government to withdraw the French nationality from French citizens holding government or military positions in other countries.

2. 7 Taxation In some cases, multiple citizenship can create additional tax liability. Residency - a country may tax the income of anyone who lives there Source - a country may tax any income generated there; or Citizenship - a country may tax the worldwide income of their citizens. Most used: residency and/or source. The Philippines and the United States use citizenship. The Philippines taxes its expatriates only on Philippine-source income. The U. S. expatriates are subject to tax on all of their worldwide income (there are double taxation prevention treaties).

2. 8 Example A person who holds both Australian and United States citizenship, lives and works in Australia. He would be subject to Australian taxation, because Australia taxes its residents, and he would be subject to US taxation because he holds US citizenship. In general, he would be allowed to subtract the Australian income tax he paid from the US tax that would be due. Plus, the US will allow some parts of foreign income to be exempt from taxation; for instance, in 2006 the foreign earned income exclusion allowed up to US$82, 400 of foreign salaried income to be exempt from income tax.

2. 9 Issues with international travel Individuals are treated either as citizens of that country or not, and their citizenship with respect to other countries is considered to have no bearing. A multiple citizen who travels to a country that claims him or her as a citizen may be required to enter or leave the country on that country's passport. For example in terms of the South African Citizenships Act it is an offence for a major (aged 18 years and older) South African citizen with dual citizenship to enter or depart the Republic of South Africa making use of the passport of another country. [http: //encyclopedia. thefreedictionary. com/Dual+nationality]

2. 10 Brazilian nationality Primary or original: results from a natural fact. NATIVE BRAZILIAN (art. 12, I, FC). General rule: jus soli Exceptions: Jus sanguinis (Brazilian mother or father working abroad for Brazilian government) Jus sanguinis + registration on Brazilian Consulate abroad Jus sanguinis + living in Brazil + option after majority Secondary or acquired: results of a voluntary fact. NATURALIZED BRAZILIAN (art. 12, II, FC)

2. 10. 1 Secondary nationality Ordinary naturalization (Art. 12, II, a, CF). Portuguese 1 year of residence Good behavior Requirements Civil capacity. Be registered as permanent. Residence for 4 consecutive years. Prove that can read / write Portuguese. Profession or sufficient assets to maintain the person and the family. Good procedure. No indictment or complaint for condemnation in Brazil or abroad for a serious crime that is often dominated minimum sentence of imprisonment exceeding one year. Good health.

Reduction of period of residence Rule: 4 years 3 years: Owner of property in Brazil; Industrial Owner of quota or shares paid Society to be exploited for industrial or agricultural activity 2 years: recommended by their professional competence, scientific or artistic; 1 year: Have a Brazilian child or spouse; Be child of a Brazilian; Having provided or being able to provide relevant services to Brazil, in the opinion of the Minister of Justice.

Exception from the requirement of residence It is required only to stay in Brazil for thirty days: Foreign spouse married for over five years with a Brazilian diplomat in activity; Foreign, employed at a diplomatic mission or Consular Office in Brazil, counting more than ten (10) years of uninterrupted service.

2. 10. 1 Secondary nationality Extraordinary naturalization (Art. 12, II, b, CF). Requirements: Brazilian residence for uninterrupted 15 years. No criminal conviction. Applying for naturalization. EARLY RADICATION: foreign admitted in Brazil during his first 5 years cans require to the Justice Minister the provisory naturalization certificate.

2. 10. 2 Native and naturalized Brazilians According to the art. 12, § 2º of Brazilian Constitution, law can’t create distinctions within native and naturalized Brazilians. Hypotheses according to the FC: Specific public occupations Part of the members of the Republic Council Media companies Extradition

A. Occupations Art. 12. § 3 rd. Only native Brazilians can become: I – President and Vice-President; II – President of the Deputy’s House; III – President of the Senate; IV – Minister of the Superior Court; V – Member of the diplomatic career; VI – official of the Army; VII – Minister of the Defense.

B. Media Companies Art. 222, FC. The property of broadcast media companies is exclusively of native Brazilians or those naturalized for more than 10 years (from the solemn delivery of the certificate of naturalization).

C. Extradition Native Brazilians can never be extradited; Naturalized Brazilians can be extradited in case of: Common crime practiced before naturalization; Proved involvement with drugs dealing.

Extradition Art. 5º, LII, CF – não será concedida a extradição de estrangeiro por crime político ou de opinião; Requirements Request of the country of origin Bilateral treaty or a reciprocal commitment Double typicality Absence of prescribed by the law of both countries. Art. 76. A extradição poderá ser concedida quando o governo requerente se fundamentar em tratado, ou quando prometer ao Brasil a reciprocidade.

2. 11 Loss of citizenship Denaturalization: a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Legal justifications: “Stripping of citizenship”: penalty for actions considered criminal by the state (e. g. for having served in a foreign military). Voluntary naturalization in another country: renunciation of citizenship Administrative denaturalization: annulment of naturalization

2. 11 Loss of citizenship in Brazil Art. 12, § 4 th, FC. Administrative denaturalization: harmful activity against national interest Voluntary naturalization in another country. Exceptions: Dual citizenship Imposition of naturalization, by foreign law, to Brazilian residing in another country as a condition to keep in the territory or to exercise civil rights.