Full Description
Over the past decades a growing number of countries have offered citizenship or residence in return for a donation or investment. Taking a multi-disciplinary approach to the study of this phenomenon, this open access collection examines its legal, political, and conceptual implications.
The volume consists of four parts. The first part documents recent trends in investment migration and seeks to understand its implications for our understanding of the concept of citizenship. The second part provides a legal and normative assessment of investment migration, from the perspective of both EU and international law. The third part presents case studies of investment migration practices in countries from around the world, including from jurisdictions that have so far remained under-researched. The fourth part deals with the specific EU legal-political context and also engages with the case launched by the European Commission against Malta.
The book assembles the leading experts in the field and offers a rigorous and balanced analysis of this sometimes controversial field.
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Central European University.
Contents
Introduction: Advancing Investment Migration Scholarship
Dimitry V Kochenov, CEU Democracy Institute, Budapest, Hungary, and CEU Department of Legal Studies, Vienna, Austria, Madeleine Sumption, University of Oxford, UK, and Martijn van den Brink, Leiden University, the Netherlands
I.
INVESTOR MIGRATION: CONCEPTUALISATION AND CONTEXT
1. Citizenship by Investment and the Right to Change Nationality
William Thomas Worster
2. New Generation Skilled Migration Policies: Talent as Output, High Regard Guests and Citizens in Absentia
Francesca Strumia, City, University of London, UK
3. Residency by Investment and Citizenship by Investment: Just the Tip of the Iceberg? The Pervasiveness of Meritocratic Considerations in Immigration and Citizenship Law
Odile Ammann, University of Lausanne, Switzerland
4. Race and Merit in the Context of Residency and Citizenship by Investment
Sarah Ganty, Yale Law School, New Haven, USA; Universit é Catholique de Louvain, Belgium
II.
LEGAL REGULATION: EMPIRICAL AND NORMATIVE PERSPECTIVES ON INVESTOR MIGRATION
5. Nottebohm and 'Genuine Link': Anatomy of a Jurisprudential Illusion
Peter J Spiro, Temple Law School, Philadelphia, USA
6. State Autonomy versus 'Genuine Links': Nottebohm and Beyond
Matjaž Tratnik and Petra Weingerl, University of Maribor, Slovenia
7. What are the Risks of Investment Migration? Going Beyond the Status Quo
Kristin Surak, London School of Economics, UK
8. Legal Residence and Physical Presence: The Law and Practice of Naturalisation in EU Jurisdictions
Dimitry V Kochenov, CEU Democracy Institute, Budapest, Hungary, and CEU Department of Legal Studies, Vienna, Austria, and Martijn van den Brink, Leiden University, the Netherlands
9. Investor Citizenship Cartels, Residence by Investment Cartels and EU Competition Law
Gareth Davies, Vrije Universiteit Amsterdam, the Netherlands
10. Nothing to Hide? Transparency Requirements, Accountability and Privacy in Investment Migration
Jacquelyn D Veraldi, CEU Democracy Institute, Budapest, Hungary, and Oskar J Gstrein, Campus Fryslân, University of Groningen, the Netherlands
11. Can Investor Visas be Made to Work? Lessons from the United Kingdom and United States
Madeleine Sumption, University of Oxford, UK
III.
INVESTMENT MIGRATION REGULATION IN EUROPE AND THE WORLD
12. Wealth Influx, Wealth Exodus: Investment Migration from China to Portugal
Luuk van der Baaren, Copenhagen University, Denmark, and Hanwei Li, Yan'an University, China
13. Investment Residence in Greece: Analysing the Attractiveness and Challenges of the Golden Visa Programme
Niovi Vavoula, University of Luxembourg, and Vasiliki Apatzidou, Queen Mary, University of London
14. The Rise and Fall of Investment Immigration in Canada
Miriam Cohen, University of Montreal, Canada
15. 'Internal' Investment Migration: The Case of Investment Migration from Mainland China to Hong Kong
Qishi Fu, Investment migration practitioner, China
16. Will Virtual Become Real? Ten Years of the e-Residency Programme in Estonia
Vadim Poleshchuk, Political Advisor, European Parliament, Brussels, Belgium
17. Foreign Nationality Acquisition in Late Imperial China: Change of Personal Status as Pathway to Opportunities and Personal Security
Sau Kong Lee, Hong Kong University
IV.
INVESTMENT MIGRATION CONUNDRUMS IN THE EUROPEAN UNION
18. Golden Passports: European Commission and European Parliament Reports Built on Quicksand
Hans Ulrich Jessurun d'Oliveira, European University Institute, Florence, Italy, and UvA, University of Amsterdam, the Netherlands, Emeritus
19. Investor Citizenship under EU Law: Recent Trends and Constitutional Implications
Daniel Sarmiento, Complutense University, Madrid, Spain, and Guillermo Íñiguez, University of Oxford, UK
20. It's All about Blood, Baby! The EU's Attack against Investment Migration in the Context of EU Law, International Law and the War in Ukraine
Dimitry V Kochenov, CEU Democracy Institute, Budapest, Hungary, and CEU Department of Legal Studies, Vienna, Austria, and Elena Basheska, Central European University (CEU) Democracy Institute, Budapest, Hungary
Postscriptum: Commission v Malta (Citizenship for Sale): Who of the Two is Selling European Values?
JHH Weiler, NYU Law School, USA
Divertissement: Investment Citizenship: A Berlaymont Fantasia
Shah Guido, Senior European Commission official contributing incognito
