A. Introduction
The term ‘passportisation’ refers to the practice of extending nationality to substantial numbers of individuals beyond the boundary of the state, including by forcible imposition of nationality. At an international level, two effects – each potentially an aim of value to the state extending its nationality – are the erosion of the territorial sovereignty of the state of residence by the new ability of the state of nationality to intervene to protect those possessing its nationality, conformably with article 51 of the UN Charter, and reduced scope for the individual to seek international protection as against a state of his or her nationality. In the post-Soviet period passportisation been much practised by the Russian Federation, in Georgia, Ukraine, and elsewhere. On 18 June 2024 Dr Gaiane Nuridzhanian provided a helpful account of recent decisions touching on it, including in the context of human rights. Since then the Grand Chamber of the European Court of Human Rights has decided an interstate case concerning Russian activities concerning Crimea, Ukraine v Russia (Re Crimea) appns 20958/14 and 38334/18) [2024] ECHR 569, which within its wider decision sets out significant findings regarding passportisation.
