VIII. Conclusion
States have a sovereign right to determine procedures and conditions for acquisition of citizenship. Nevertheless, the right to citizenship is a basic human right guaranteed by the Universal Declaration of Human Rights and is a basis for exercising many other rights. Therefore, certain minimum standards and due process should be observed. Furthermore, persons with citizenship should not be rendered stateless by the dissolution of states.
Regulation of citizenship will be significant for the repatriation of refugees and displaced persons. It could determine their status, travel and other documents, domicile, eligibility for real property ownership, eligibility for certain employment, and military and other duties.
Local laws analyzed in this paper concern the laws of one Entity only -- the Federation of Bosnia and Herzegovina. Little is known about the laws of the Republika Srpska. It is imperative that both Entities be required to immediately disclose the texts of all relevant legislation and rules. The Law on Citizenship of the Socialist Federal Republic of Yugoslavia (Zakon o dr`avljanstvu Socijalisti~ke Federativne Republike Jugoslavije, Sl.l.SFRJ no. 58/76 of December 31, 1976) and laws of each of the six republics. The federal law and the laws of the republics were textually almost identical. See Article 249, para. 2 of the 1974 SFRY Constitution (Ustav Socijalisti~ke Federativne Republike Jugoslavije, Sl.l.SFRJ no. 9/74), and, for example, Article 2 of the Law on Citizenship of the Socialist Republic of Serbia, (Zakon o dr`avljanstvu Socijalisti~ke Republike Srbije, Sl.g. SRS no. 45/1979) of October 20, 1979, and 13/83. See Article 249, para. 3 of the 1974 SFRY Constitution and, for example, Article 3 of the Law on Citizenship of the Socialist Republic of Serbia. Zakon o dr`avljanstvu Republike Bosne i Hercegovine; S.l.RBiH 18/92, 11/93, 27/93, 14/94, 15/94. Article 4, para. 1. Article 5. Article 7, para. 1. Article 8, para. 1. During the State of War, a competent body may deny acquisition of citizenship on the grounds of reasonable doubt that a petitioner took part in the aggression against Bosnia and Herzegovina. This provision is no longer applicable as the Presidency proclaimed the end of the war on December 22, 1995. Article 9, para. 5. Article 13. Article 15, para. 1. Article 16. Article 18. The Presidency has repealed the State of War on December 22, 1995. The State of Immediate War Danger has not yet been repealed and is not likely to be before the end of the Implementation Forcesą mission. Article 36. Article 23, para. 2. Article 37. This principle was confirmed by Article 1 of the 1930 Hague Convention on Certain Questions relating to the Conflict of Nationality Laws, Laws Concerning Nationality, United Nations Legislative Series, ST/LEG/SER. B/4, p. 567. See First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, International Law Commission, A/CN.4/467, 1995, at III.B.1., and IV. Domicile was easy to obtain regardless of republican citizenship, provided that an individual was living in a socially-owned or leasing a privately-owned apartment, or owned an apartment in that republic. Article 24.3. Article 7.1: łThe child shall be registered immediately after birth and shall have the right from birth ... to acquire a nationality...˛. The Decree with the Force of Law on Citizenship of the Republic of Bosnia and Herzegovina, (Uredba sa zakonskom snagom o dr`avljanstvu Republike Bosne i Hercegovine, S.l.RBiH no. 18/92 of October 7, 1992). S.l.RBiH no. 11/93. A number of authors argue that the successor state may be limited in determining its citizenry. They base their argument on the principle of effective nationality found in the Nottebohm case (I.C.J. Reports, 1955, p. 23). See also First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, ibid., at IV.1. Macedonia also provides for dual citizenship. Article 13.1. Annex 4 to the Dayton Peace Agreement. Article 20 of the RBiH Citizenship Law. Article 8.3 of the Convention. Article 8.4. Uredba o neprimjenjivanju Zakona o upravnim sporovima; S.l.RBiH no. 6/92. Sec. II, Article 5, of the Constitution. Article I.7.c. See also First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, ibid., at III.B.2(72). Article I.7.d. Article II.2. Article I.7.e. Article VI.3.c. Article 2 of Annex II to the Constitution. .
