المبادئ العامة للقانون الدولي التي تحكم الحق في الجنسية

Abstract

The general international law includes the general principles of the idea of nationality, in the sense that the international perspective of nationality is included in the study of the general principles of international law. Therefore, we have great reservations about using the term ideal guidelines, which jurisprudence has traditionally used, especially when internal legislation conflicts with one of the principles of nationality, as the term ideal guidelines approaches the principles of justice and natural law. In its entirety, it is a set of ideal moral or philosophical ideas, and it is more accurate, in our opinion, to always refer within the limits of the conflict between internal legislation and general international law in the matter of nationality to the general principles of international law. Assessing the validity of nationality rules in internal legislation or not, is necessarily due to the consistency of these Rules with general principles or not.

Accordingly, the rules of ideal law or the rules of thinking must not be confused with positive legal rules. It is not hidden that the use of the term ideal guidelines is an expression of mere moral rules or initial assumptions that distance - a priori - between the description of legality and the meaning of general principles of law. And we understood that all the rules of nationality have an abstract general origin in the general principles of international law, and from this origin a set of legal rules derive that are enshrined in the state’s legislation through the controls established in the general principles, and the difference in the legislation of states in the matter of nationality does not detract from this, as all countries have the choice Its nationality legislation is one of the general principles that are commensurate with the circumstances of each country, which obviously differ from another country. However, it is ultimately obligated to legislate within the framework of general principles, as it is one of the sources of public international law.

It should be noted that most of the nationality rules stipulated in domestic legislation are governed by a set of general principles so that the state chooses from these principles, and does not deviate from them, otherwise, this would be a violation of a general principle which is one of the sources of public international law.