Purchased Nationality: A Functional Approach to Address the Risks Associated with its Recognition by Other States and the Exercise of Diplomatic Protection

This paper focuses on reviewing the validity of citizenship by investment programmes with international law. This paper will demonstrate that what the Second Judgement of the Nottebohm Case of the International Court of Justice really intended was to rule against naturalizations granted contrary to the general principle of law prohibiting abuses of rights. Moreover, this paper will provide a functional approach to citizenship by investment programmes that will enable States to attract investors while naturalizing them in accordance with international law, as they will generate significant links, avoiding the risks associated with the recognition of their nationality by other States and within the scope of diplomatic protection.

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Publication Details

Journal
Anuario Mexicano de Derecho Internacional
Published
2024-11-20
DOI
https://doi.org/10.22201/iij.24487872e.2025.25.19048
Primary Topic
Global Peace and Security Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Purchased Nationality: A Functional Approach to Address the Risks Associated with its Recognition by Other States and the Exercise of Diplomatic Protection

Santiago Yarahuán Dodero
Anuario Mexicano de Derecho Internacional
Global Peace and Security Dynamics
article

Purchased Nationality: A Functional Approach to Address the Risks Associated with its Recognition by Other States and the Exercise of Diplomatic Protection

Santiago Yarahuán Dodero
article en

Abstract

This paper focuses on reviewing the validity of citizenship by investment programmes with international law. This paper will demonstrate that what the Second Judgement of the Nottebohm Case of the International Court of Justice really intended was to rule against naturalizations granted contrary to the general principle of law prohibiting abuses of rights. Moreover, this paper will provide a functional approach to citizenship by investment programmes that will enable States to attract investors while naturalizing them in accordance with international law, as they will generate significant links, avoiding the risks associated with the recognition of their nationality by other States and within the scope of diplomatic protection.

Anuario Mexicano de Derecho Internacional
Tecnológico de Monterrey (MX)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
Global Peace and Security Dynamics
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