Krakat, Michael B. (2018) Genuine links beyond state and market control: the sale of citizenship by investment in International and Supranational Legal Perspective. Bond Law Review, 30 (1). pp. 145-184. ISSN 1033-4505
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Abstract
This article introduces Citizenship by Investment (‘CBI’) as exceptional municipal legal mechanisms that
allow anyone to directly purchase citizenship from a selling state for a substantial monetary contribution.
States that sell citizenship assume complete control, expose, and may ultimately give up control over
citizenship. CBI simply means ‘cash for passports’ as direct, immediate naturalizations, which heightens
mobility and pre-supposes multiple citizenship, without (or with negligible) actual physical residence
requirements. CBI is marketed as ‘global citizenship’. It creates a flexible, transactional citizenship, operating
within an emerging tripartite nexus of states, citizens, and global markets for citizenship and residence
entitlements. The orthodox view is that CBI schemes exist as marginal phenomena in isolation from the rest of
citizenship, limited in personal and territorial application to the ultra-wealthy philanthropists and to small
island states. In search of ‘neo-Nottebohmian’ ‘genuine links’ beyond state sales and global market control, this
article argues that CBI laws are in fact complex agents of change, and that the concept of the genuine link has
now been transformed and is to be re-envisioned in times of globalization. CBI’s existence requires us to
rethink citizenship’s positioning within the international law community. In the laws of CBI, consideration
should be given to factors that contribute to the greater good. CBI mechanisms may become available for all,
whether wealthy or poor, as members of humanity.
| Item Type: | Journal Article |
|---|---|
| Uncontrolled Keywords: | Citizenship, citizenship by investment, citizenship for sale, cash for passports |
| Subjects: | K Law > K Law (General) |
| Divisions: | School of Law and Social Sciences (SoLaSS) |
| Depositing User: | Michael Krakat |
| Date Deposited: | 23 Aug 2021 03:02 |
| Last Modified: | 23 Aug 2021 03:02 |
| URI: | https://repository.usp.ac.fj/id/eprint/12903 |
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