Global Residence and Citizenship Programs 2016. Henley & Partners
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Название: Global Residence and Citizenship Programs 2016
Автор: Henley & Partners
Издательство: Ingram
Жанр: Юриспруденция, право
isbn: 9780992781897
isbn:
Notwithstanding the fact that such a presentation is necessarily somewhat exaggerated, it is unquestionable that liberal democracies are having a hard time justifying their own non-existent ‘uniqueness’, which, in the heyday of the nation-state, was simply presumed and formed the patriotic core of citizenship. It is now clear to the Dutch that they are in no way better – by virtue of being Dutch – than the British or the French are:20 citizenship is now developing in the direction of becoming a purely legalistic status and it cannot be otherwise.
Viewed against this general context, the rising trends of citizenship-by-investment and residence-by-investment are truly illuminating, as they exemplify the practical nature of the two concepts in the world where the word ‘sacred’ – previously applied to the state and the logic of belonging, has progressively fallen out of use.
It has been a true privilege for me to participate as an expert and to contribute the introduction to this study – now already in its second year – as its interest and illustrative potential stretches much further than a simple ranking of a handful of investment programs: it is a testimony to the changing nature of the ties linking persons to authority in the contemporary world.
Prof. Kochenov holds a Chair in EU Constitutional Law at the University of Groningen, Faculty of Law; is a Visiting Professor of the College of Europe (Natolin) and chairs the Investment Migration Council (IMC).
During the 2015–2016 academic year Prof. Kochenov is the Martin and Kathleen Crane Fellow in Law and Public Affairs at the Woodrow Wilson School at Princeton, teaching a seminar on citizenship. He has published widely on different aspects of comparative and European citizenship law, and migration regulation, and consults governments and international organizations on EU Constitutional Law and citizenship issues.
1The perspective adopted by Madeleine Sumption in her chapter in this report
2P Spiro, Cash for Passports and the End of Citizenship (EUI RSCAS Working Paper 2014/1 (A Shachar and R Bauböck (eds.)), 2014, 9)
3C Joppke, The Inevitable Lightening of Citizenship (51 European Journal of Sociology 9, 2010)
4PL Berger and T Luckmann, The Social Construction of Reality: A Treatise in the Sociology of Knowledge (Ancor, 1967)
5P Allott, Eunomia (Oxford, OUP 1990)
6AD Smith, The Ethnic Origin of Nations (Oxford, Blackwell 147, 1986)
7“In a mythical system causality is artificial, false; but it creeps, so to speak through the back door of Nature”, R. Barthes, Mythologies (131, translated by A. Lavers, New York, Farrar, Strauss & Giroux 1972)
8D Miller, The Ethical Significance of Nationality (98 Ethics 657, 654,1988)
9“Historical forgetfulness and wrongs”, E Renan, Qu’est-ce qu’une nation? et autres essais politiques (41, first published 1882, Paris, Agora 1992)
10“To die for the motherland”, see on the patriotic sacrifice e.g. M Walzer, Civility and Civic Virtue in Contemporary America (41 Sociological Research 4, 1974)
11Miller, op cit., 648; C Chwaszcza, The Unity of People, and Immigration in Liberal Theory (13 Citizenship Studies 451, 2009)
12JM Balkin, The Proliferation of Legal Truth (26 Harvard Journal of Law and Public Policy 5, 2003)
13E Isin, Citizenship in Flux: The Figure of the Activist Citizen (29 Subjectivity 367, 2009); E Isin and G Nielsen (eds), Acts of Citizenship, (New York, ZED books 2008)
14G Debord, La société de spectacle (Paris, Gallimard 1996)
15JH Carens, Aliens and Citizens: The Case for Open Borders (49 Review of Politics 250, 251, 1987)
16MJ Gibney, The Rights of Non-citizens to Membership in C Sawyer and BK Blitz (eds), Statelessness in the European Union (Cambridge, CUP 41, 2011)
17Bosniak, Persons and Citizens in Constitutional Thought (8 International Journal of Constitutional Law 9, 2010)
18Kochenov, EU Citizenship without Duties (20 European Law Journal 482, 2014)
19Joppke, op cit.
20IMD World Competitiveness Yearbook 2015, IMD World Competitiveness Center, Lausanne
Expert Commentary
The Growing Market for Citizenship and Residence: A Policy Perspective
The Importance of Due Diligence in the Context of Investment Migration Programs
The Resurgence of Global Residential Markets