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Nationality and Statelessness

This document discusses key concepts relating to nationality and statelessness under public international law. It defines nationality as the legal tie between an individual and their state, which confers rights and obligations of citizenship. Nationality can be acquired at birth based on jus soli or jus sanguinis principles, or through naturalization processes like individual application or marriage. Multiple nationalities are possible if different states' laws apply to the same person. Nationality can also be lost voluntarily through renunciation or involuntarily through acts that forfeit citizenship status.

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0% found this document useful (0 votes)
78 views2 pages

Nationality and Statelessness

This document discusses key concepts relating to nationality and statelessness under public international law. It defines nationality as the legal tie between an individual and their state, which confers rights and obligations of citizenship. Nationality can be acquired at birth based on jus soli or jus sanguinis principles, or through naturalization processes like individual application or marriage. Multiple nationalities are possible if different states' laws apply to the same person. Nationality can also be lost voluntarily through renunciation or involuntarily through acts that forfeit citizenship status.

Uploaded by

benjamintee
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Public International Law: Nationality and Statelessness Nationality y Membership in a political community with all its concomitant rights

and obligations y It is the tie that binds an individual to hisstate from which he can claim protectionand whose laws he is obliged to obey y It is different from citizenship Citizenship y Has a more exclusive scope in that it applies only to certain members of the state y Accorded more privileges than the rest of the people who also owes it allegiance Acquisition 1. By Birth y Jure soli nationality of the state where he is born y Jure sanguinis nationality of parents or by blood 2. By Naturalization a process by which a foreigner acquires, voluntarily or by operation of law, the nationality of another state Direct naturalization is effected: 1. By individual proceedings, usually judicial, under general naturalization laws 2. By special act of the legislature 3. By collective change of nationality 4. By adoption of orphan minors as nationals of the state where they are born Derivative naturalization is conferred: 1. On the wife of the naturalized husband 2. On the minor children of the naturalized parent 3. On the alien woman upon marriage to a national It does not always follow, it is subject to stringent restrictions and conditions Multiple Nationality y An individual possessed with more than one nationality because of the concurrent application to him of the municipal laws of the states claiming him as their national Doctrine of indelible allegiance y An individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeit edit under the laws of a second state whose nationality he has acquired y In contrast, a state may allow any of its nationals to remain as such even if he may have acquired another nationality

Loss of Nationality Voluntarily 1. Renunciation - express or implied 2. Request for release *Both usually precede the acquisition of a new nationality Forfeiture 1. Disqualification 2. Prohibited act Substitution - Derivative Naturalization

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