Nationality law

From Freepedia

Nationality law is the branch of a country's legal system wherein legislation, custom and court precendent combine to define the ways in which that country's nationality and citizenship are transmitted, acquired or lost. Nationality law is often discussed or studied along with immigration law (for those immigrant-receiving countries such as the United States, Canada, Australia and New Zealand) and with refugee or asylum law.

Contents

Common principles

Nationality law in Europe tends to be based upon Napoleonic Code which established that for purposes of nationality, that of the father was primary. For many years, therefore, in Europe and in former European colonies, women could not transmit their nationality to their children born in wedlock (those children born outside of marriage could often acquire their mother's nationality as there were provisions so that no child would be stateless). Many of these laws have since been changed, with the Arab states being an exception. There, women cannot transmit their nationality to their children; instead children receive the nationality of their fathers. Many countries also have provisions stating that native-born children of accrediated foreign diplomatic staff/officers do not acquire that nationality.

Article 15 of the Universal Declaration of Human Rights states:

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Today, nationality law is based either on jus soli or jus sanguinis or on a combination of the two. Jus soli is the principle in which a child born in a country's territorial jurisdiction acquires that country's nationality (Ex: United States, Argentina, Brazil, Mexico, France). In jus sanguinis, either the father or mother must be a citizen or lawful resident of the country in question in order for the child to be a citizen (Ex: Israel, Germany).

Nationality issues in post-colonial context

Often in post-colonial situations, sorting out the nationalities of settlers, colonists and subjects was difficult and often a highly politically-charged process, particularly in the United Kingdom and in so-called settler colonies of Africa, such as South Africa, Rhodesia (now called Zimbabwe) and Uganda. Indo-Pakistani dwellers in Hong Kong are threatened with the prospect of their descendents being stateless because British nationality has limited transmission to them. To escape this fate, some have even applied for Chinese nationality with the Immigration Department and been granted same nationality. In fact, a child born in Hong Kong to parents both of whom are stateless will automatically have Chinese nationality. (See Chinese nationality law)

See also

Examples of nationality law

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