• Title/Summary/Keyword: Dual nationality

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Nationality Deprivation of Double Nationals in France and Securitization (프랑스 이중국적자의 국적박탈 논쟁과 안보화 (securitization))

  • Park, Sunhee
    • Journal of International Area Studies (JIAS)
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    • v.22 no.1
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    • pp.67-90
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    • 2018
  • France has allowed a deprivation of nationality for terrorism since 1996 Law. After then, a series of law revision (1998, 2006 law and 2010, 2015-2015 reform tries) have not only linked an act of terror with nationality deprivation but also put the dual national and their deprivation at the centre of dispute. Both 2010 Immigration Law by Sarkozy and 2015-2016 constitutional amendment by Hollande had been not adopted but have combined immigrants and security issue together by firmly solidifying the relationship between dual national and terrorist. Especially in 2015-2016, the constitutional amendment that failed to be adopted has extended a state of emergency and left the nationality deprivation of dual national as controversial issue. After over 4 months of discussion, the amendment that contains a clause of a state of emergency and extension plan for nationality deprivation was abolished but the dual national issues which had been non-politicized has now become politicized, defined as security issues and finally securitized. It shows very two-stage process of securitization argued by Copenhagen school including Buzan. The importance of securitization notion by Copenhagen school lies on the fact that it scrutinizes the constructive elements of the process of securitization. The concept of securitization allows us to see the problem of the process that defines a non-politicized issue as security one by making it political matter. Applying this process of securitization into the controversy of nationality deprivation of dual nationals in France, we can find out the development of non-controversial and non-politicized dual national issues into social agenda by politicization through speech-act or announcement effect.

Social Distance and Attitude toward Migrants' Citizenship in Korea (이주자에 대한 사회적 거리와 시민권에 대한 태도)

  • Jo, Dong-Gi
    • Korea journal of population studies
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    • v.33 no.3
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    • pp.53-73
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    • 2010
  • The purpose of this study is to investigate social distance and attitude toward migrants's citizenship in Korea, a society with increasing cultural diversity. Using data from the 'Multiculturalism and Social Integration Survey' conducted by Academy of Korean Studies in 2008, this study analyzes three main issues: social distance between Koreans and foreigners, perception of the bases of national identity, and attitude toward migrants' citizenship and the causal factors of the attitude. The results show that social distances between Koreans and African Blacks/Arabs are significantly larger than those between Koreans and other ethnic or racial groups. But the relatively large social distances between Koreans and South-East Asians/North Korean defectors poses a more serious challenge to Korean society, since South-East Asians and North Korean defectors have comprised ever bigger part of migrants in Korea. The civil element is found to be more important base of national identity than the cultural or the ethnic bases, and there exists a strong negative attitude toward dual nationality. The results of regression analysis suggest that the potential of global citizenship for migrants will be realized by expanding universalism for basic human rights and awareness of the civil base of national identity on the one hand, and by minimizing the strong belief in ethnic homogeneity and the negative attitude toward dual nationality on the other hand.

The Revocation of the International Commercial Arbitral Award by the Chinese Court (중국법원의 섭외상사중재판정의 취소)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.107-134
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    • 2006
  • Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

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A General Study on Bareboat Charter Register in opening Ship's Registration of Shipping Countries (선적개방에 따른 나용선등록제도에 관한 고찰)

  • 강동수
    • Journal of the Korean Institute of Navigation
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    • v.18 no.1
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    • pp.63-84
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    • 1994
  • Bareboat Charter Register or Dual Registration under a Demise Charter scheme, does not in fact sanc-tion the alternative use of flags of different states, but rather it authorises the use of the flag of the coun-try where the ship is temporarily flagged only. Bareboat Charter Register is not intended to miselead third party states or persons dealing with the ship in respect of its nationality. Bareboat Charter Register gives a shipwner a more flexible and attractive package, for example mortga-ging facilities might be more attractive in one state because of its stronger laws relating to recovery of liens, whereas the manning requirements might be attractive in another state. By using Bareboat Charter Register, a shipwner/manager can avail himself of both advantage instead of settling for a compro-mise. Ships on a Bareboat charter Register would be subject to the safety, manning and anti-pollution require-ments of the second flag state and would carry that state's right to fly a flag of the original state be withd-rawn and the effect is to suspend the registration during the period of demise charter except in so far as relates to Title transactions.

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Ethnic Conflicts of the Have-nots: Emergent Hispanic Ethnicity (미국 빈민층 민족집단간의 갈등: 남미계 이민집단의 등장을 중심으로)

  • Kwon, Sang-Cheol
    • Journal of the Korean Geographical Society
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    • v.31 no.4
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    • pp.672-684
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    • 1996
  • This paper explores the inter-ethnic conflicts between Blocks and Hispanics focusing on the emergent Hispanic ethnictity that reveals situational character in the US contexts. In the US census categories, major groups are indetified by race and ethnicity in which the Hispanic orgin is a category based on their common language while diverse in nationality. The census defined Hispanic category extends conveniently to acquiesce Affirmative Action and other government resource distribution. Internally, Hispanics have established numerous organizations to coalesce and assure their interests. The achieved dual language program and jurisdictional revision to represent language minority work as leverages to their cohesiveness. Under diminishing public resources and welfare payment, it is more difficult sharing burdens than benefits between minority groups. Block are not comfortable with the benefits Hispanics receive form the civil rights achievement without having had to struggle for it. The ethnic conflicts of the have-nots have become a new ethnic phenomenon attributable to the emergent Hispanic ethnicity.

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