The present contribution considers the Bolzano Recommendation on National Minorities in Inter-state Relations to the extent of their prohibition of kin-state protection through conferral of citizenship en masse. It examines the existing applicable general international law and relevant international practice to come to the conclusion that the state of international law is less settled than expected and that the general prohibition may be qualified de lege ferenda by a narrowly defined exception allowing the exercise of the responsibility to protect through conferral of nationality to members of national minorites whose rights are seriously and systematically endangered and violated by the State of residence.
The conferral of citizenship en masse by the Kin-State: creeping annexation or responsibility to protect?
MILANO, Enrico
2011-01-01
Abstract
The present contribution considers the Bolzano Recommendation on National Minorities in Inter-state Relations to the extent of their prohibition of kin-state protection through conferral of citizenship en masse. It examines the existing applicable general international law and relevant international practice to come to the conclusion that the state of international law is less settled than expected and that the general prohibition may be qualified de lege ferenda by a narrowly defined exception allowing the exercise of the responsibility to protect through conferral of nationality to members of national minorites whose rights are seriously and systematically endangered and violated by the State of residence.
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