无国籍的模糊性:1914-1930年英国、法国、比利时和德国的财产权、无国籍状态和敌对外国人

IF 0.5 2区 历史学 Q1 HISTORY German History Pub Date : 2022-08-06 DOI:10.1093/gerhis/ghac041
Cristiano La Lumia
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引用次数: 0

摘要

本文通过追溯德国血统的无国籍人的命运,主要是前帝国公民,他们在第一次世界大战期间和20世纪20年代作为敌国遭受迫害,考察了无国籍身份在享受公民权利和民族包容(和排斥)方面的模糊性。文章特别强调,无国籍状态是许多德国裔无国籍人在协约国的行政和司法程序中保护其财产权的一种资源,主要是为了释放他们被扣押的资产。他们的故事是战后欧洲无国籍状态多方面性质的一个例子。这篇文章的重点是承认他们在西欧,特别是比利时、法国和英国的地位,以展示指导政府和法院选择的各种标准。在几个国家和帝国的背景下,司法和行政权力之间存在紧张关系,这引发了战后民主国家的主权和法治问题。最后,本文分析了德国无国籍人与魏玛共和国的关系。在许多场合,德国政府提供了外交和财政支持,使这些前公民能够收回他们的财产。文章通过对外交努力和赔偿条款的分析,指出了德意志民族在国家和法律上的模糊性。
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The Ambiguities of Being Stateless: Property Rights, Statelessness and Enemy Aliens in the United Kingdom, France, Belgium and Germany, 1914–1930
By retracing the fate of stateless people of German origin, mainly former Reich citizens, who suffered persecution as enemy aliens during the First World War and in the 1920s, the article examines the ambiguities of stateless status in terms of enjoyment of civil rights and national inclusion (and exclusion). In particular, the essay highlights how statelessness was a resource for many stateless persons of German origin to protect their property rights in administrative and judicial proceedings in the Entente countries, mainly to free their seized assets. Their story was an example of the multifaceted nature of statelessness in postwar Europe. The article focuses on the issue of the recognition of their status in Western Europe—particularly Belgium, France and the United Kingdom—in order to show the variety of criteria that guided the choices of governments and courts. In several national and imperial contexts, there was a tension between the judicial and executive powers that raised issues of sovereignty and rule of law in postwar democracies. Finally, the essay analyses the relationship between stateless persons of German origin and the Weimar Republic. On many occasions, the German state offered its diplomatic and financial support to enable those former citizens to recover their property. By analysing the diplomatic efforts and the provisions on compensation, the article points out the ambiguity around national and legal belonging to the German nation.
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来源期刊
German History
German History Multiple-
CiteScore
0.60
自引率
16.70%
发文量
85
期刊介绍: German History is the journal of the German History Society and was first published in 1984. The journal offers refereed research articles, dissertation abstracts, news of interest to German historians, conference reports and a substantial book review section in four issues a year. German History’s broad ranging subject areas and high level of standards make it the top journal in its field and an essential addition to any German historian"s library.
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