Organisers : Rainer Bauboeck | European University Institute and Liav Orgad | European University Institute

The dialogue is organised in two parts: a roundtable and a lecture.

The roundtable addresses fundamental dilemmas relating to membership and belonging, genuine ties and instrumental citizenship. In 1955, the International Court of Justice ruled that citizenship requires a genuine link between a state and a citizen — “a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments.” More than 60 years have passed, is the genuine link doctrine still a good law for assessing membership, or has it become anachronistic? Is it compatible with the growing recognition on dual citizenship (based on a genuine link to several, rather than one state), birthright citizenship (not based on a prior genuine link), and European citizenship (in which a genuine link to the Union is established through a genuine link to a Member State under its criteria)? What is the meaning of a genuine link in a globalized world? And when (if at all) can links become substantial enough to create a right to citizenship?

The Globalcit lecture explores why challenges to U.S. migration laws and policies often take national belonging as their foundation, and why this approach is both essential and yet limited as a path to ethical borders. The lecture’s focus is on the United States, but the key lessons have much broader application.

Programme

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