Aliens Law
As Fremdenrecht the special right is called a country for non- citizens . Alien law usually, but not always, disadvantages them compared to people with citizenship. In addition, the term foreign law is also used for the minimum standard of foreign law under customary international law.
Aliens law as national law
In addition to the law on foreigners , which regulates the status of foreigners staying in the national territory, there are only a few foreign law provisions in other areas of law:
- In intellectual property law, reciprocity clauses often only grant rights to foreigners if their states guarantee similar protection.
- In international treaties or in European law, the most-favored nation principle occasionally leads to preferential treatment for foreigners ( national discrimination ).
- In private international law , the applicable law, especially in family law , often depends on citizenship.
Aliens law as part of customary international law
While a state is fundamentally entitled to make regulations for foreign persons on its territory as national aliens law, it is at the same time subject to a number of customary international law obligations with regard to foreigners. The existence of such obligations, which are also referred to as the international minimum standard , was denied in the 20th century in particular by the representatives of the Calvo Doctrine .
In terms of content, the customary international law on aliens affects in particular the legal capacity of the individual, the prohibition of slavery, physical integrity and protection against expropriations without compensation. The practical relevance of the customary international law on aliens for the individual is, however, comparatively low: On the one hand, it is already disputed that these are subjective rights of the individual and not just a right of the home state. In addition, claims can only be asserted through diplomatic protection because there is no procedural enforcement option for individuals.
See also
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- ↑ Ipsen / ders., Völkerrecht, 2004, § 50 Rn. 2ff .; Brownlie, Principles of Public International Law, 2008, pp. 519ff .; Herdegen, Völkerrecht, 2006, § 27.
- ↑ Griebel, International Investment Law, 2008, p. 15; Ipsen / ders., Völkerrecht, 2004, § 50 Rn. 6; Brownlie, Principles of Public International Law, 2008, p. 528ff.
- ↑ Herdegen, Völkerrecht, 2006, § 27 Rn. 11.
- ↑ Griebel, International Investment Law, 2008, p. 19ff.
