In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni in the contemporary legal and political theorising of citizenship. Providing a comprehensive analysis of the subject, the book discusses the legal and political concepts of citizenship. It also introduces a new term for what is already an increasingly common and accepted practice of granting citizenship on the basis of substantial contributions to the State. Consisting of two main parts – law and practice – the monograph analyses the ius doni concept in both international law and EU law, further tests its application in practice and establishes best practices among states. Finally, the book discusses the conceptual and practical implications for citizenship.
Dr. Christian H. Kälin, citizenship expert as well as Chairman of Henley & Partners, advises governments on investment migration programs and policy. He is a frequent writer and speaker on the subject and (co-)author of several other publications, including the Global Residence and Citizenship Handbook and the Quality of Nationality Index.
“The acquisition of citizenship by investment is an important element of planning that affects global families. Christian Kälin is one of few in the world with comprehensive knowledge and experience of global citizenship options, and has now shared this knowledge with not only the small circle of those privileged to have access to him, but to all readers of this seminal work.” - Philip Marcovici, Offices of Philip Marcovici, Hong Kong “A global trend, and quickly spreading among states, is the allocation of citizenship to individuals who make a contribution to the economy and society by way of investment or donation. As a forward-thinking government, we welcome this pioneering academic study, which, besides offering theoretical underpinnings of ius doni, creates the necessary foundation for solid government policy in this field.” - Hon. Dr. Joseph Muscat, Prime Minister of Malta “The rise of citizenship-by-investment programs is one of the most interesting - and least studied - ways in which nation-states have responded to globalization. Dr. Kälin has a unique perspective on this phenomenon as both a scholar and a practitioner. In this book, he provides an insightful discussion of the legal construction of investment citizenship and its relation to national laws, EU norms and international standards.” - Dr. Yossi Harpaz, Tel-Aviv University “This important book introduces a new concept to the legal lexicon of citizenship: ius doni, which is the acquisition of citizenship by donation or investment. While this practice was known in ancient Greece and Rome, it signals an instrumental turn of citizenship in our global business civilization. Written with academic authority and practical savvy alike, this excellent book will appeal to many audiences, academics, legal practitioners, and anyone interested in the future of citizenship.” - Professor Dr. Christian Joppke, University of Bern “A masterful and path-breaking analysis of one of the crucial new developments in citizenship law from the doyen of global ius doni practice” - Professor Dr. Dimitry Kochenov, University of Groningen “Citizenship by investment marks one of the latest but certainly not the final stage of evolution in the methods of acquiring citizenship. Clarification of this concept in general, and answers to key questions are either missing in academic literature or have not been sufficiently addressed. In this remarkable book, Dr. Chris Kälin provides a thorough analysis and answers in what can be considered the standard work on the subject.” - Bruno L’ecuyer, CEO of the Investment Migration Council, Geneva
List of Abbreviations List of Illustration Table of Cases
Introduction 1 Key Contours of Citizenship and Ius Doni 1. 1Citizenship Framework and Development
1.1.1 Citizenship and State Sovereignty 1.1.2 Citizenship in Ancient Greece and Rome 1.1.3 Citizenship from the Middle Ages to Modern History 1.1.4 Citizenship in the XXth and XXIst Centuries 1.2 Ius Doni and Citizenship Realities
1.2.1 Citizenship Requirements 1.2.2 Facilitated Naturalisation 1.2.3 Ius Doni and Other Forms of Naturalisation 1.2.4 Ius Doni and Inequalities 1.3 Conclusions to Chapter 1
2 Ius Doni in International Law 2.1 Rules and Limitations of International Law
2.1.1 Citizenship and Non-discrimination 2.1.2 Right to Citizenship 2.1.3 Statelessness in Practice 2.1.4 Mass Conferral of Citizenship 2.2 Dual Nationality and Residence
2.2.1 Dual Citizenship: From Resistance to Acceptance 2.2.2 Diplomatic and Consular Protection 2.2.3 Genuine Link and Acquisition of Citizenship 2.2.4 Residence and Ius Doni 2.3 Conclusions to Chapter 2
3 Ius Doni in EU Law 3.1 Supranational Cooperation and Citizenship Beyond the Nation-State
3.1.1 The New Legal Order 3.1.2 EU Citizenship 3.1.3 Discretion of Member States in Citizenship Matters 3.1.4 Rights of EU Citizens 3.2 Solidarity and Loyal Cooperation
3.2.1 Article 4(3)
3.2.2 The Maltese Matter: Article 4(3) in Practice? 3.2.3 Genuine Link and Sincere Cooperation 3.2.4 Ius Doni and Mass Conferral of Citizenship 3.3 Conclusions to Chapter 3
4 Ius Doni : Procedures and Practices 4.1 Justification and Procedures
4.1.1 The Economic Imperative 4.1.2 Requirements of Citizenship and Residence Programs 4.1.3 The Due Diligence Process 4.1.4 Associated Risks 4.2 Ius Doni Practices and National Legislation
4.2.1 Austria 4.2.2 Montenegro 4.2.3 St. Kitts and Nevis 4.2.4 Malta 4.3 Conclusions to Chapter 4
5 Conclusion: The Reality of Citizenship in the XXIst Century
Academic, professional and government policy thought leaders interested in investment migration and citizenship law in general and citizenship-by-investment in particular.