Paper Category: 2016-2022

Investment Residence and the Concept of Residence in EU Law: Interactions, Tensions, and Opportunities – IMC-RP 2017/1

Abstract Immigration regimes around the world are increasingly tailored to attract highly desired individuals. A number of Member States have offered preferential access to the ultrarich. Certain Member States have tried to attract high net-worth individuals by offering them privileged residence rather than citizenship. This paper examines investment residence from the perspective of EU law […]

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Re-thinking Immigrant Investment Funds – IMC-RP 2016/1

Abstract The idea of selling membership into society is not new, but it has taken on new life with the recent proliferation globally of Immigrant Investor Programs (IIPs). These programs involve the sale of national membership privileges to wealthy foreigners. They are justified by attractive policy objectives: to stimulate economic development and attract engaged investor-migrants. […]

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Nottebohm and ‘Genuine Link’: Anatomy of a Jurisprudential Illusion – IMC-RP 2019/1

ABSTRACT The ICJ’s 1955 decision in the Nottebohm Case famously set forth an aspirational conception of nationality requiring a “genuine link” between an individual and a state for purposes of international law. The formulation was controversial from its inception as a departure from the prevailing rule that states enjoy sovereign discretion over nationality practices. At no time […]

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