dual citizenship for the republic of armenia: posing questions of law and circumstance andrew d....
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Dual Citizenship for the Republic of Armenia:
Posing Questions of Law and Circumstance
Andrew D. Kzirian, Esq.
Morgan Lewis & Bockius, LLP
June 17, 2006
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A Dual Citizenship Approach for Armenia
Proposal for Dual Citizenship
Phase-In Process
Based on experiences of other states
International Law
Custom tailored for Armenia
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International & Domestic Law / Examination of States
International & Domestic law
The United States
Russia
Ireland
Estonia
Mexico
Israel
African Union
India
South Africa
Each country’s approach to citizenship varies as a function of its economic condition, political atmosphere, diaspora size, etc.
Each country’s approach to citizenship varies as a function of its economic condition, political atmosphere, diaspora size, etc.
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The Armenian Case
Host of questions
How unique is Armenia?
Socially?
Politically?
Economically?
What factors come into fashioning a law?
Contributions? Would that change?
Dichotomy – potential for increased mainstream societal contributions?
Inflow v. Outflow?
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Specific Parameters
Dual Citizenship Law Complications Powerful
DiasporaDomestic Society
Integration (Refugees)
Any dual citizenship type arrangement must acknowledge all factorsAny dual citizenship type arrangement must acknowledge all factors
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Special Residency Status
POSITIVES
10 year term – open to renewal with fee
Can buy and sell property
Facilitated entrance / exit
NEGATIVES
No voting
No political organizations
No running for office
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Prospective Spectrum of Dual Citizenship
Missing Links in the Chain…
No dual citizenship
Special Residency
Status
“Provisional Citizenship”
Progressive Attainment of
Dual Citizenship
Full dual citizenship
and integration
No Civic Duties / No Participation Full Civic Duties and Participation
No Suffrage Suffrage
No Right to Hold Office Right to Hold Office
Some overlap in privileges – but limited.Some overlap in privileges – but limited.
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Provisional Citizenship
Armenian case
Sociopolitical difficulties of dual citizenship
Domestic socioeconomic condition
Diaspora’s potential
Extremes
Lessons
Balance
Moderation
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Provisional Citizenship Cont’d
Jus Sangiunis v. Jus Soli
Based on ethnic lineage
“Phase-In” concept
3 year period
Fee
3 weeks per year
100 hours of community service
Military Service
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Provisional Citizenship Cont’d
Buying and selling property
Temporary disallowances
No voting – No running
Facilitate integration of
Diaspora Armenians
Appreciation for domestic
society and concerns
Renewal fee per year
Military exemption
Phase-In Approach to Dual CitizenshipPhase-In Approach to Dual Citizenship
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Conclusions and Key Issues / Points of Discussion
Coming full circle
Fulfillment of requirements
Eligibility for citizenship
Integration
Armenia’s domestic condition
Armenia’s geopolitical situation
Influential Diaspora
Experiences of other states
Balance