EU competence and investor migration
In this chapter, we examine the issue of competence to confer residence and citizenship based on a donation or investment in the light of international and European law as they stand today. We show that the national competence to do this is part of the sovereign nature of the modern state, which imp...
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| Format: | Book section |
| Language: | English |
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Cambridge University Press
2023
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| _version_ | 1797111077196005376 |
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| author | Sarmiento, D van den Brink, M |
| author2 | Kochenov, DV |
| author_facet | Kochenov, DV Sarmiento, D van den Brink, M |
| author_sort | Sarmiento, D |
| collection | OXFORD |
| description | In this chapter, we examine the issue of competence to confer residence and citizenship based on a donation or investment in the light of international and European law as they stand today. We show that the national competence to do this is part of the sovereign nature of the modern state, which implies the ability to create a people and delimit the scope of the population granted a right to settle in the national territory, underpinned by rules behind such delimitation. We also explain why investment migration per se cannot be presented as unlawful and outlines the avenues for the eventual disciplining of its offshoots in areas unrelated to migration as such, thus connecting particularly well with Peter Spiro’s analysis of relevant international law. |
| first_indexed | 2024-03-07T08:03:40Z |
| format | Book section |
| id | oxford-uuid:7a58ccdc-a89c-430c-ad26-38c4ef9ec4dc |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:03:40Z |
| publishDate | 2023 |
| publisher | Cambridge University Press |
| record_format | dspace |
| spelling | oxford-uuid:7a58ccdc-a89c-430c-ad26-38c4ef9ec4dc2023-10-16T09:04:23ZEU competence and investor migrationBook sectionhttp://purl.org/coar/resource_type/c_3248uuid:7a58ccdc-a89c-430c-ad26-38c4ef9ec4dcEnglishSymplectic Elements at OxfordCambridge University Press2023Sarmiento, Dvan den Brink, MKochenov, DVSurak, KIn this chapter, we examine the issue of competence to confer residence and citizenship based on a donation or investment in the light of international and European law as they stand today. We show that the national competence to do this is part of the sovereign nature of the modern state, which implies the ability to create a people and delimit the scope of the population granted a right to settle in the national territory, underpinned by rules behind such delimitation. We also explain why investment migration per se cannot be presented as unlawful and outlines the avenues for the eventual disciplining of its offshoots in areas unrelated to migration as such, thus connecting particularly well with Peter Spiro’s analysis of relevant international law. |
| spellingShingle | Sarmiento, D van den Brink, M EU competence and investor migration |
| title | EU competence and investor migration |
| title_full | EU competence and investor migration |
| title_fullStr | EU competence and investor migration |
| title_full_unstemmed | EU competence and investor migration |
| title_short | EU competence and investor migration |
| title_sort | eu competence and investor migration |
| work_keys_str_mv | AT sarmientod eucompetenceandinvestormigration AT vandenbrinkm eucompetenceandinvestormigration |