The Legality under International Human Rights Law of Citizenship Deprivation as a Security Measure in the UK

University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Abstract: This thesis will examine the question of whether the UK’s use of nationality deprivation as a security measure is in accordance with its obligations under international human rights law. As the UK has defended its use of such measures through reference to the traditional reservation of nationality matters to the sovereign preserve of states, a short history of the extent to which international law has regulated nationality will first be provided to place this assertion in context. This will be followed by a discussion of relevant international human rights law relating to the human right to nationality, that will prove that state discretion in laws pertaining to nationality laws is in fact limited by international obligations. An in-depth analysis will be made of the development of domestic law on nationality deprivation as a security measure in the UK, with a focus on the period from 2002 to the present day. Finally, the UK system will be analysed through the application of the above examined international legal regimes, as well as relevant obligations under European instruments. This thesis will conclude that the use by the UK of nationality deprivation as a security measure is illegal under international human rights law.

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