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Ministry of Home Affairs v. Kemali
Published online by Cambridge University Press: 01 January 2021
Abstract
States as international persons — Composite and dependent States and territories — Nationality and citizenship — Italian territories in Africa — Distinction between Italian citizens and Italian subjects — Libya — "Italian Libyan citizens" of Arab race — Whether full Italian citizens subject to certain restrictions or merely Italian subjects — Peace Treaty with Italy, 1947 (Article 23) — Renunciation of Italian rights in and title to Libya — Absence of provisions regarding nationality — Effect on "Italian Libyan citizens" who did not acquire Libyan citizenship — The law of Italy.
Treaties — Special kinds of — Peace treaties — Treaty of Peace with Italy, 1947 (Articles 18,19 and 23) — Territories renounced by Italy — Effects on citizenship — The law of Italy.
War — In general — Effects of treaties of peace — Miscellaneous — Renunciation of territory — Effect on nationality and citizenship — Treaty of Peace with Italy, 1947 (Articles 18, 19 and 23) — Failure to acquire nationality of successor State — Effect in absence of specific treaty provision — “Italian Libyan citizens” — The law of Italy.
The individual in international law — Nationality — As affected by change of sovereignty — Libya — “Italian Libyan citizens” of Arab race — Status of — Whether full Italian citizens subject to certain restrictions — Whether merely Italian subjects — Italian Peace Treaty, 1947 (Article 23) — Renunciation of Italian rights in and title to Libya with no nationality provisions — Effect on “Italian Libyan citizens” who did not acquire Libyan citizenship — Whether stateless — Whether still “Italian Libyan citizens” or full Italian citizens — Analogy of treaty provisions regarding ceded territories — The law of Italy.
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