The Nationality Requirement

The requirement of nationality is a disputed issue. In 1977, Capotorti was of the opinion that the members of the minority have to be nationals of the state while Deschenes chooses citizens of the state . Capotorti has since changed his mind and in his contribution to the Max Planck Encyclopaedia of International Law nationality was dropped as part of the definition of a minority. Opinions remain divided on this issue.The Framework Convention simply refers to a person belonging to a national minority . The majority of countries included the nationality requirement in their declarations to the Framework Convention. Other states did not attach a nationality requirement It has been suggested that the term national minority means a minority made up of members with the nationality of the host-state. This 

International Court of Justice (1955) Nottebohm Case (Second Phase) Judgement Second Phase Nottebohm Case (Liechtenstein v. Guatemala), 06 April 1955 1.CJ. Reports 1955, pp. 4, at p. 26. Para. 20 Human Rights Committee (1999) General Comment No. 27 Freedom of Movement (Art. 12) UN Doc.CCPR/C/21/Rev.l/Add.9. 

Despite potential problems, the nationality requirement is only important in some respect in relation to minorities. The Venice Conunission notes that the Advisory Committee to the Framework Convention differentiates between the obligations to respect, protect and fulfil. States have an obligation to respect the freedoms of the Framework Convention regardless of nationality and similarly the protection against discrimination because of membership of a minority is to be extended to non-citizens. The obligation to fulfil is another matter. Proactive measures in favour of persons of another nationality is far from clear. 

There has been a movement away from the nationality requirement. Deschenes and Rec. 1201 of the CoE Parliamentary Assembly include the nationality requirement. Some states still include it in their declarations to the Framework Convention. The Venice Commission also thought the nationality requirement was necessary for a number of years. It was only in later years that a rethinking took place. While art. 27 ICCPR never mentioned nationality and the Human Rights Committee later explicitly stated that art. 27 ICCPR is applicable to non-citizens. 

38-41 European Commission for Democracy Through Law (2007) Report on Non-Citizens and Minority Rights CoE Doc. CDL-AD(2007)001. 

---

For many years, the method of obtaining foreign patent protection corresponding to a U.S. patent appHcation was to file separate, individual patent apphcations in selected foreign countries. Each of the appHcations had to be written to conform with the national requirements of the country in which it was filed. 

The differences with the existing automotive quality system requirements need careful examination. There are additions, deletions, and movements that users of QS-9000 Third Edition, AVSQ 94, EAQF 94, and VDA 6.1 1998 need to be aware of, as they affect not only supplier quality systems but the internal and external auditing practices. As the national requirements are not similarly structured comparisons are impossible to illustrate in a single table. Readers are therefore advised to compare specific text in each to discover the actual differences. The source of the requirements is depicted in the tables that follow. A dash (-) indicates that there is no matching requirement. 

All packages and containers of finished products shall be identified by appropriate labelling according to the national requirements. 

For the evaluation of the residual life-time of existing concrete bridges, the recommended values of the crack width limits based on the national requirements are given in Table 2. 

The Occupational Safety and Health Act of 1970 provides job safety and health protection for workers by promoting safe and healthful working conditions throughout the Nation. Requirements of the Act include the following ... 

The EASA rules for continuing airworthiness will be implemented at staged intervals over the next five years. Where EASA rules are not yet in place the national requirements of member states still apply. 

The oil company will also be required to periodically submit reports to the national oil company (NOG) or government, and to partners in the venture. These typically include ... 

Comparative evaluation of international and national requirements both in the part of the volume and frequence of calibration procedures and examination of devices for ultrasonic and radiographic testing was accomplished. This review showed that procedures specified in national documents on testing and documents of EAL coincide very much. 

The Clean Water Act (1972) requires discharge limits to be set on industrial and municipal wastewater, and these analyses are outlined in the National Pollution Discharge Elimination System for the 600 Series Methods. Method 624 covers the analysis of purgeable organic compounds Method 625 covers the analysis of 81 bases, neutrals, and acids Method 613 describes the analysis of dioxins and furans. 

The Comprehensive Environmental Response, Compensation, and LiabiHty Act of 1980 (CERCLA) requires notification to the National Response Center of releases of quantities of hazardous substances equal to or greater than the reportable quantity (RQ) in 40 CER 302.4, which is one pound (0.454 kg). 

Federal regulations (40 CFR 261) classify acrylonitrile as a hazardous waste and it is Hsted as Hazardous Waste Number U009. Disposal must be in accordance with federal (40 CFR 262, 263, 264), state, and local regulations only at properly permitted faciUties. It is Hsted as a toxic pollutant (40 CFR 122.21) and introduction into process streams, storm water, or waste water systems is in violation of federal law. Strict guidelines exist for clean-up and notification of leaks and spills. Federal notification regulations require that spills or leaks in excess of 100 lb (45.5 kg) be reported to the National Response Center. Substantial criminal and civil penalties can result from failure to report such discharges into the environment. 

There are no estabHshed specifications for the standard reference samples used in general chemical analysis. Many such substances, however, are analyzed and certified by the National Institute of Standards and Technology (NIST), formerly the National Bureau of Standards (NBS). Specific reference standards are required for many of the analyses included in the USP and NE standards for dmgs. 

Each refiner has the flexibiUty to choose the specific formulation to produce based on the economics of the individual refineries. REG meeting the statutory requirements must be sold in the nine areas of the country which have the worst ozone (qv) problem. In addition, all other areas of the country which exceed the ozone NAAQS may elect the REG regulations, and EPA has estimated that 40% of the nation s gasoline should be subject to REG rules (66). 

The identification of pollution prevention options has become a maintenance requirement. In addition to these requirements, the National Institute of Occupational Safety and Health (NIOSH) performed its first investigation of indoor air quahty. The U.S. Department of Energy (DOE) has also begun to research air quahty. 

American Insurance Association (AIA) 85 John Street New York, NY 10038 Handbook of Industrial Safety Standards, AssoersiXionoi Q2LSuS. ty 2iad Surety Companies, New York, 1962. Compilation of industrial safety requirements based on codes and recommendations of the ANSI, the National Eire Protection Association (now part of AIA), the ASME, and several government agencies. 

FoUowiag Monsanto s success, several companies produced membrane systems to treat natural gas streams, particularly the separation of carbon dioxide from methane. The goal is to produce a stream containing less than 2% carbon dioxide to be sent to the national pipeline and a permeate enriched ia carbon dioxide to be flared or reinjected into the ground. CeUulose acetate is the most widely used membrane material for this separation, but because its carbon dioxide—methane selectivity is only 15—20, two-stage systems are often required to achieve a sufficient separation. The membrane process is generally best suited to relatively small streams, but the economics have slowly improved over the years and more than 100 natural gas treatment plants have been installed. 

---