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Nationality
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Nationality
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Legal status of persons
Birthright
Nationality
Immigration
Conflict of laws
Preliminaries
Definitional elements
Connecting factors
Substantive legal areas
Law enforcement

Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of citizenship.[1][2][3]

In international law, nationality is a legal identification establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states.[4] The rights and duties of nationals vary from state to state,[5] and are often complemented by citizenship law, in some contexts to the point where citizenship is synonymous with nationality.[6] However, nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of the state.[7]

In international law, a "stateless person" is someone who is "not considered as a national by any state under the operation of its law".[8] To address this, Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality", even though, by international custom and conventions, it is the right of each state to determine who its nationals are.[9] Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness or the European Convention on Nationality.[10] For when a person lacks nationality, globally only 23 countries have established dedicated statelessness determination procedures. Even where such procedures exist, they still have shortcomings in accessibility and functionality, preventing stateless people from accessing rights connected to being determined stateless.[11]

The general process of acquiring nationality is called naturalization. Each state determines in its nationality law the conditions (statute) under which it will recognize persons as its nationals, and the conditions under which that status will be withdrawn. Some countries permit their nationals to have multiple nationalities, while others insist on exclusive allegiance.

Due to the etymology of nationality, in older texts or other languages the word "nationality", rather than "ethnicity", is often used to refer to an ethnic group (a group of people who share a common ethnic identity, language, culture, lineage, history, and so forth). Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger sovereign state.

Nationality is also employed as a term for national identity, with some cases of identity politics and nationalism conflating the legal nationality as well as ethnicity with a national identity.

International law

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Nationality is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject.[7] In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state.[12]

In European law, nationality is the status or relationship that gives the nation the right to protect a person from other nations.[7] Diplomatic and consular protection are dependent upon this relationship between the person and the state.[7] A person's status as being the national of a country is used to resolve the conflict of laws.[12]

Within the broad limits imposed by a few treaties and international law, states may freely define who are and are not their nationals.[7] However, since the Nottebohm case, other states are only required to respect the claim(s) by a state to protect an alleged national if the nationality is based on a true social bond.[7] In the case of dual nationality, the states may determine the most effective nationality for the person, to determine which state's laws are the most relevant.[12] There are also limits on removing a person's status as a national. Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."

Determining factors

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Further information: Nationality law

A person can be recognized or granted nationality on a number of bases. Usually, nationality based on circumstances of birth is automatic, but an application may be required.

  • Nationality by family (jus sanguinis). If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well.[a] Formerly this might only have applied through the paternal line, but sex equality became common since the late twentieth century. Citizenship is granted based on ancestry or ethnicity and is related to the concept of a nation state common in Europe. Where jus sanguinis holds, a person born outside a country, one or both of whose parents are citizens of the country, is also a citizen. Some states (United Kingdom, Canada) limit the right to citizenship by descent to a certain number of generations born outside the state; others (Germany, Ireland, Switzerland[15]) grant citizenship only if each new generation is registered with the relevant foreign mission within a specified deadline; while others (Italy, for example[16]) have no limitation on the number of generations born abroad who can claim citizenship of their ancestors' country. This form of citizenship is common in civil law countries.
  • Nationality by birth (jus soli). Some people are automatically nationals of the state in which they are born. This form of citizenship originated in England, where those who were born within the realm were subjects of the monarch (a concept pre-dating that of citizenship in England) and is common in common law countries. Most countries in the Americas grant unconditional jus soli citizenship, while it has been limited or abolished in almost all other countries.
    • In many cases, both jus soli and jus sanguinis hold citizenship either by place or parentage (or both).
  • Nationality by marriage (jus matrimonii). Many countries fast-track naturalization based on the marriage of a person to a citizen. Countries that are destinations for such immigration often have regulations to try to detect sham marriages, where a citizen marries a non-citizen typically for payment, without them having the intention of living together.[17] Many countries (United Kingdom, Germany, United States, Canada) allow citizenship by marriage only if the foreign spouse is a permanent resident of the country in which citizenship is sought; others (Switzerland, Luxembourg) allow foreign spouses of expatriate citizens to obtain citizenship after a certain period of marriage, and sometimes also subject to language skills and proof of cultural integration (e.g. regular visits to the spouse's country of citizenship).
  • Naturalization. States normally grant nationality to people who have entered the country legally and been granted a permit to stay, or been granted political asylum, and also lived there for a specified period. In some countries, naturalization is subject to conditions which may include passing a test demonstrating reasonable knowledge of the language or way of life of the host country, good conduct (no serious criminal record), and moral character (such as drunkenness, or gambling, or an understanding of the nature of drunkenness, or gambling) vowing allegiance to their new state or its ruler and renouncing their prior citizenship. Some states allow dual citizenship and do not require naturalized citizens to formally renounce any other citizenship.
  • Nationality by investment or economic citizenship. Wealthy people invest money in property or businesses, buy government bonds or simply donate cash directly, in exchange for citizenship and a passport. Whilst legitimate and usually limited in quota, the schemes are controversial. Costs for citizenship by investment range from as little as $100,000 (£74,900) to as much as €2.5m (£2.19m)[18]
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The following instruments address the right to a nationality:

National law

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Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because a passport is a travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that granted them passports.

Nationality versus citizenship

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An immigration inspection sign at Shanghai Pudong International Airport with the English term "Chinese nationals" and the Chinese term for "Chinese citizens (中国公民)".

Conceptually citizenship and nationality are different dimensions of state membership. Citizenship is focused on the internal political life of the state and nationality is the dimension of state membership in international law.[35] Article 15 of the Universal Declaration of Human Rights states that everyone has the right to nationality.[36] As such nationality in international law can be called and understood as citizenship,[36] or more generally as subject or belonging to a sovereign state, and not as ethnicity. This notwithstanding, around 10 million people are stateless.[36]

Today, the concept of full citizenship encompasses not only active political rights, but full civil rights and social rights.[7]

Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and the right to be elected.[7] This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until the 19th and 20th centuries, it was typical for only a certain percentage of people who belonged to the state to be considered as full citizens. In the past, a number of people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality.[7]

Nationality in context

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United States nationality law defines some persons born in some of the US outlying possessions as US nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some "British subjects"). Similarly, in the Republic of China, commonly known as Taiwan, the status of national without household registration applies to people who have the Republic of China nationality, but do not have an automatic entitlement to enter or reside in the Taiwan Area, and do not qualify for civic rights and duties there. Under the nationality laws of Mexico, Colombia, and some other Latin American countries, nationals do not become citizens until they turn the age of majority.[citation needed]

List of nationalities which do not have full citizenship rights:

Country Form of nationality without full citizenship rights Description
United Kingdom United Kingdom All forms of British nationalities except British Citizen Among the 6 forms of British nationality, only British Citizens have the automatic right of abode in the United Kingdom, Isle of Man and Channel Islands, all the others do not have an automatic right to enter and live in the UK at all. Although the status of a British Overseas Territories citizen (BOTC) is derived from a connection of an overseas territory, it does not guarantee belonger status in that territory (which confers citizenship rights) as it is defined by the law of the territory itself which may be different from the British nationality law.[37]
Latvia Latvia Non-citizens (Latvia) This is the status conferred to people who were legal residents in Latvia upon restoring independence, but not eligible for Latvian citizenship—mainly ethnic Russians who migrated during the Soviet occupation period.
Estonia Estonia Undefined citizenship This is the term used to denote the legal residents in Estonia upon restoring independence who are not eligible for Estonian citizenship—mainly ethnic Russians who migrated during the Soviet occupation period.
Taiwan Taiwan (Republic of China) National without household registration Rights in Taiwan are granted by both having the nationality and a household registration there. Without a household registration a person does not have automatic right to enter or live in Taiwan. These are mainly overseas ethnic Chinese who have right to the Republic of China nationality under the nationality law.
China China Chinese nationals migrated to either Hong Kong or Macau in a one-way permit but who have not yet taken up permanent residence These people, although technically Chinese nationals, are unable to vote or apply for a passport anywhere because rights in mainland China are associated with household registration which is relinquished upon migration, but rights in the SARs (e.g. right to vote and right to hold a passport) are given to permanent residents which is only eligible after 7 years of continuous residence. (They are eligible for applying Hong Kong Document of Identity for Visa Purposes or Macao Special Administrative Region Travel Permit as travel documents.)
United States United States US nationals who are not US citizens These people, mainly American Samoan, have the right to enter, work, and live in the United States as permanent residents but do not have the same voting rights as citizens and are barred from holding certain public offices that are restricted to citizens only.
Uruguay Uruguay "Non-national citizens" Certain interpretation of the Constitution of Uruguay leads to the belief that the language of the Constitution divides citizens into "nationals" and "non-national citizens".

Even if the nationality law classifies people with the same nationality on paper (de jure), the right conferred can be different according to the place of birth or residence, creating different de facto classes of nationality, sometimes with different passports as well. For example, although Chinese nationality law operates uniformly in China, including Hong Kong and Macau SARs, with all Chinese nationals classified the same under the nationality law, in reality local laws, in mainland and also in the SARs, govern the right of Chinese nationals in their respective territories which give vastly different rights, including different passports, to Chinese nationals according to their birthplace or residence place, effectively making a distinction between Chinese national of mainland China, Hong Kong or Macau, both domestically and internationally. The United Kingdom had a similar distinction as well before 1983, where all nationals with a connection to the UK or one of the colonies were classified as Citizens of the United Kingdom and Colonies, but their rights were different depending on the connection under different laws, which was formalised into different classes of nationalities under the British Nationality Act 1981.

Nationality versus ethnicity

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Main article: Ethnic nationalism

Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical.[38] In some countries, the cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination, rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history.

A Soviet birth certificate, in which the nacional'nost' of both parents (here both Jewish) was recorded. These records were subsequently used to determine the ethnicity of the child, as specified in his internal passport.

In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia, "nationality" is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost, which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation. In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports, and recorded in censuses in both the USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing.[39] Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries.

Similarly, the term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities, which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognizes the autonomous communities of Andalusia, Aragon, Balearic Islands, Canary Islands, Catalonia, Valencia, Galicia and the Basque Country as "nationalities" (nacionalidades).

In 2013, the Supreme Court of Israel unanimously affirmed the position that "citizenship" (e.g. Israeli) is separate from le'om (Hebrew: לאום; "nationality" or "ethnic affiliation"; e.g. Jewish, Arab, Druze, Circassian), and that the existence of a unique "Israeli" le'om has not been proven. Israel recognizes more than 130 le'umim in total.[40][41][42]

The older ethnicity meaning of "nationality" is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Assyrians, Scots, Welsh, English, Andalusians,[43] Basques, Catalans, Kurds, Punjabis, Kabyles, Baluchs, Pashtuns, Berbers, Bosniaks, Palestinians, Hmong, Inuit, Copts, Māori, Wakhis, Xhosas and Zulus, among others).[citation needed]

Nationality versus national identity

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National identity is person's subjective sense of belonging to one state or to one nation. A person may be a national of a state, in the sense of being its citizen, without subjectively or emotionally feeling a part of that state, for example a migrant may identify with their ancestral and/or religious background rather than with the state of which they are citizens. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to the US illegally when quite young and grew up there while having little contact with their native country and their culture often have a national identity of feeling American, despite legally being nationals of a different country.

Dual nationality

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Dual nationality is when a single person has a formal relationship with two separate, sovereign states.[44] This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.

Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming a national of one state required rejecting the previous state.[44]

Dual nationality was considered a problem that caused a conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed.[44]

Statelessness

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Statelessness is the condition in which an individual has no formal or protective relationship with any state. There are various reasons why a person can become stateless. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. People in this situation may not legally be the national of any state despite possession of an emotional national identity.

Another stateless situation arises when a person holds a travel document (passport) which recognizes the bearer as having the nationality of a "state" which is not internationally recognized, has no entry into the International Organization for Standardization's country list, is not a member of the United Nations, etc. In the current era, persons native to Taiwan who hold passports of Republic of China are one example.[45][46]

Some countries (like Kuwait, the UAE, and Saudi Arabia) can also remove one's citizenship; the reasons for removal can be fraud and/or security issues. There are also people who are abandoned at birth and the parents' whereabouts are not known.[47][48]

De jure vs de facto statelessness

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Nationality law defines nationality and statelessness. Nationality is awarded based on two well-known principles: jus sanguinis and jus soli. Jus sanguinis translated from Latin means "right of blood". According to this principle, nationality is awarded if the parent(s) of the person are nationals of that country. Jus soli is referred to as "birthright citizenship". It means, anyone born in the territory of the country is awarded nationality of that country.[49]

Statelessness is defined thus in the 1954 Statelessness Convention: "For the purpose of this Convention, the term 'stateless person' means a person who is not considered as a national by any State under the operation of its law."[50] A person can become stateless because of administrative reasons. For example, "A person may be at risk of statelessness if she is born in a State that applies jus sanguinis while her parents were born in a State that applies jus soli, leaving the person ineligible for citizenship in both States due to conflicting laws."[51] Moreover, there are countries in which if a person does not reside for a specified period of time, they can automatically lose their nationality.[51] To protect those individuals from being deemed "stateless", the 1961 Statelessness Convention places limitations on nationality laws.[52]

Conferment of nationality

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By state:
  Unmarried fathers are unable to confer nationality on their children
  Mothers are unable to confer nationality on their children and spouses
  Women are unable to confer nationality on spouses and/or acquire, change, and retain their nationality

The following list includes states in which parents are able to confer nationality on their children or spouses.[53][54]

Africa

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Nationality law in Africa
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Benin Benin Yes Yes No
Burundi Burundi Yes No[note 1] No
Cameroon Cameroon Yes Yes No
Central African Republic Central African Republic Yes Yes No
Comoros Comoros Yes Yes No
Republic of the Congo Congo Yes Yes No
Egypt Egypt Yes Yes No
Eswatini Eswatini Yes No No
Guinea Guinea Yes Yes No
Lesotho Lesotho Yes Yes No
Liberia Liberia Yes No[note 2] Yes
Libya Libya Yes No[note 3] No
Madagascar Madagascar Yes Yes[note 4] No
Malawi Malawi Yes Yes No
Mauritania Mauritania Yes No[note 3] No
Mauritius Mauritius Yes Yes No
Morocco Morocco Yes Yes No
Nigeria Nigeria Yes Yes No
Sierra Leone Sierra Leone Yes Yes No
Somalia Somalia Yes No No
Sudan Sudan Yes No No
Tanzania Tanzania Yes Yes No
Togo Togo Yes No[note 3] No
Tunisia Tunisia Yes Yes No

America

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Nationality law in North America
Nation: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Canada Canada Yes[56] Yes[56] Yes[note 5]
Mexico Mexico Yes[58] Yes[58] No[58]
United States United States Yes[59] Yes[59] Yes[56]
Nationality law in the Caribbean
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
The Bahamas Bahamas No No[note 2] No
Barbados Barbados No No[note 2] No
Saint Lucia Saint Lucia Yes Yes No
Saint Vincent and the Grenadines Saint Vincent and the Grenadines Yes Yes No
Nationality law in Central America
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Belize Belize Yes Yes Yes[60]
Costa Rica Costa Rica Yes Yes No[61]
El Salvador El Salvador Yes Yes No[62]
Guatemala Guatemala Yes Yes No
Honduras Honduras Yes Yes Yes[63]
Nicaragua Nicaragua Unknown Unknown Unknown
Panama Panama Unknown Unknown Unknown
Nationality law in South America
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Argentina Argentina Unknown Unknown Unknown
Bolivia Bolivia Unknown Unknown Unknown
Brazil Brazil Yes Yes Yes
Chile Chile Unknown Unknown Unknown
Colombia Colombia Yes Yes Yes
Ecuador Ecuador Unknown Unknown Unknown
Guyana Guyana Unknown Unknown Unknown
Paraguay Paraguay Unknown Unknown Unknown
Peru Peru Unknown Unknown Unknown
Suriname Suriname Unknown Unknown Unknown
Uruguay Uruguay Yes Yes Yes
Venezuela Venezuela Unknown Unknown Unknown

Asia

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Nationality law in Asia
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Armenia Armenia Yes Yes Yes[64]
Bahrain Bahrain Yes No[note 3] No
Bangladesh Bangladesh Yes Yes No
Brunei Brunei Yes No No
India India Yes Yes Yes[65]
Iran Iran Yes Yes[note 6] No
Iraq Iraq Yes No[note 7] No
Jordan Jordan Yes No[note 3] No
Kuwait Kuwait Yes No[note 8] No
Lebanon Lebanon Yes No[note 9] No
Malaysia Malaysia No No[note 2] No
Nepal Nepal Yes No No
Oman Oman Yes No No
Pakistan Pakistan Yes Yes No
Philippines Philippines Yes Yes No
Qatar Qatar Yes No No
Russia Russia Yes Yes Yes[69]
Saudi Arabia Saudi Arabia Yes No[note 3] No
Singapore Singapore Yes Yes No
Syria Syria Yes No[note 10] No
Thailand Thailand Yes Yes No
United Arab Emirates United Arab Emirates Yes Yes[note 11] No
Yemen Yemen Yes Yes No

Europe

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Nationality law in Europe
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Germany Germany Yes Yes[71] Yes[72]
Monaco Monaco Yes Yes No
Ukraine Ukraine Yes Yes Yes[73]

Oceania

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Nationality law in Oceania
Country: Unmarried fathers able to confer nationality on children Mothers able to confer nationality on children Women able to confer nationality on spouses
Kiribati Kiribati Yes No[note 2] No
Nauru Nauru Yes Yes No
Solomon Islands Solomon Islands Yes Yes No

See also

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Notes

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia

Nationality

View on Grokipedia
from Grokipedia
Nationality is the legal bond between an individual and a , establishing the person as a subject of that state under both domestic and , often equated with in municipal contexts but emphasizing allegiance and internationally. It confers rights such as the issuance of passports and abroad, while imposing obligations like taxation and potential , with states retaining primary authority to define their nationals subject to international norms against arbitrary deprivation. The concept evolved alongside the rise of modern nation-states in the , shifting from feudal personal allegiances to territorial , and is acquired principally via jus soli—birth within the state's territory—or jus sanguinis—descent from national parents—alongside for those meeting residency and integration criteria. Distinct from ethnic or , nationality's instrumental role in regulating migration, preventing , and enabling state exercise of underscores its foundational status in the international legal order, as affirmed in instruments like the 1948 .

Conceptual Foundations

Definition and Etymology

Nationality refers to the legal bond between an individual and a , establishing the person as a subject of that state for the purposes of , which entitles the individual to and subjects them to the state's . This status is determined by each state's domestic , as affirmed in Article 1 of the 1930 Protocol Relating to a Certain Case of Statelessness, which states that "it is for each State to determine under its own law who are its nationals," with recognition by other states insofar as it is consistent with international conventions, , and general principles of . In practice, nationality mediates the individual's international identity, distinguishing it from narrower domestic concepts like , which may encompass additional internal rights and duties. The concept underscores reciprocal obligations: the state owes protection abroad, while the national owes allegiance, though enforcement varies by jurisdiction. , such as Article 15 of the 1948 , affirm the right to a nationality and prohibit arbitrary deprivation, reflecting its foundational role in preventing . Etymologically, "nationality" emerged in English around 1691, initially signifying national unity or , formed from "national" plus the "-ity," influenced by French nationalité. The root traces to Latin natio, denoting "birth, race, , or ," evoking origins tied to shared descent or territorial allegiance rather than modern legal constructs. By the , it extended to denote ethnic or racial groups, though contemporary usage prioritizes the juridical sense.

Historical Development

The concept of nationality traces its roots to ancient city-states, where membership was typically restricted to free adult males of specific lineages or birthplaces. In ancient Athens around 500 BCE, citizenship (politeia) conferred political rights and obligations within the polis, limited to those born to Athenian parents and excluding women, slaves, and foreigners (metics), as documented in Aristotle's Politics. Roman citizenship evolved from an initial patrician class in the Republic (c. 509–27 BCE) to broader inclusion via the Lex Roscia (49 BCE) and culminating in the Constitutio Antoniniana of 212 CE, which extended it to nearly all free inhabitants of the Empire, shifting toward territorial elements while retaining descent-based aspects. During the medieval period in Europe (c. 500–1500 CE), formal nationality yielded to feudal bonds of personal allegiance to lords or monarchs, with status determined by birth, service, or residence rather than state affiliation; ecclesiastical and imperial authorities, such as the Holy Roman Emperor, exerted overlapping claims without unified national frameworks. The transition to early modern states post-1648 Peace of Westphalia emphasized sovereign territorial control, but legal nationality remained fluid, influenced by English common law's jus soli principle articulated in Calvin's Case (1608), which granted subjecthood to those born within the king's dominions. The 19th century marked the crystallization of modern nationality laws amid nation-state formation, contrasting (birth in territory) with (descent). France adopted a hybrid in its 1804 Civil Code, favoring blood ties, while Britain and the U.S. leaned toward soil-based rules; the U.S. codified this via the 14th Amendment (1868), affirming birthright citizenship to counter post-Civil War exclusions. German unification (1871) and Italian Risorgimento entrenched to preserve ethnic cohesion, reflecting causal links between and descent-based policies in fragmented regions. These developments prioritized state sovereignty over universal rights, often embedding racial or ethnic criteria, as in the U.S. restricting it to "free white persons." In the , mass migrations, world wars, and exposed risks, prompting international norms; the 1930 Hague Convention attempted to regulate acquisition but faltered on domestic primacy, while post-1945 instruments like the 1948 (Article 15) and 1954 UN Convention Relating to the Status of Stateless Persons established nationality as a right tied to effective state links, though enforcement remains state-driven. This era saw shifts, such as the U.S. Immigration and Nationality Act of 1952 reorganizing rules amid demographics, underscoring nationality's role in and .

Principles of Acquisition

Jus Soli (Right of Soil)

Jus soli, Latin for "right of the soil," denotes the legal principle whereby nationality is conferred upon individuals born within a state's territory, irrespective of their parents' nationality or status. This contrasts with jus sanguinis, which bases nationality on descent. Under unrestricted jus soli, citizenship is automatic for those born on the soil, excluding narrow exceptions such as children of foreign diplomats or invading forces not subject to the state's jurisdiction. Restricted forms impose conditions, such as requiring parental residency or a later declaration of allegiance. The principle traces its roots to English , formalized in Calvin's Case (1608), where the court ruled that birth within the realm under the sovereign's protection—termed "ligeance"—imparted natural allegiance and subject status, even to those born after the union of crowns under James I. This doctrine influenced colonial America and was enshrined in the U.S. 's Fourteenth Amendment (ratified 1868), stating: "All persons born or naturalized in the , and subject to the thereof, are citizens of the and of the State wherein they reside." The U.S. affirmed this in United States v. Wong Kim Ark (1898), extending it to children of non-citizen immigrants. As of 2025, approximately 35 countries practice some form of jus soli, with unrestricted versions predominant in the Americas—such as the United States, Canada, Mexico, Brazil, and Argentina—where nearly all births on soil grant automatic citizenship. Fewer unrestricted cases exist elsewhere, including Chad, Tanzania, and Lesotho in Africa; most European and Asian nations favor jus sanguinis or conditional jus soli to limit automatic grants amid immigration pressures.
RegionExamples of Unrestricted Jus SoliNotes
Americas, , Automatic for births in territory, subject to .
Africa, , Rare outside ; often combined with other criteria.
Europe/AsiaNone predominantShifted to restricted or abandoned post-colonial eras.
Unrestricted jus soli has faced scrutiny for potentially encouraging —evidenced by over 36,000 suspected cases in the U.S. from 2012–2019 per government estimates—or facilitating chain migration, though proponents argue it fosters integration and equality under law. Countries like (2004) and (2006) reformed to conditional models, requiring parental ties, reflecting causal links between open policies and demographic shifts.

Jus Sanguinis (Right of Blood)

Jus sanguinis, Latin for "right of blood," is a foundational principle in under which an individual's citizenship at birth is derived from the nationality of one or both parents, irrespective of the location of birth. This contrasts with , or "right of soil," which confers nationality based on birthplace within a state's territory. Originating from civil law traditions influenced by Roman concepts of familial lineage, jus sanguinis predominates in and , emphasizing perpetual allegiance through blood ties rather than territorial attachment. Under regimes, nationality transmission typically occurs automatically if at least one parent holds the state's at the time of the child's birth, often extending to children born abroad. Many systems permit indefinite generational transmission, provided unbroken lineage and conditions like parental registration or avoidance of in another state are met; for instance, recognizes claims through without generational limits, allowing descendants of emigrants to apply retroactively upon proving ancestry. Germany's framework, rooted in since unification in 1871, historically prioritized paternal descent but now includes maternal lines equally, though post-2000 reforms incorporated limited elements for long-term residents. adheres strictly to , granting to children of Japanese nationals regardless of birthplace, with no provision, resulting in stringent requirements for foreign-born descendants. While preserves ethnic and familial continuity, it carries risks of , particularly for children of stateless parents or in cases of interrupted transmission abroad without registration. Gender discrimination in some traditional applications—such as patrilineal-only transmission—has exacerbated this, though reforms in countries like and have extended maternal rights since the early 2000s. Pure states without jus soli safeguards may leave migrant community children vulnerable if parental nationality cannot be acquired. Internationally, the 1961 UN Convention on the Reduction of Statelessness endorses alongside , obligating contracting states to prevent by granting nationality to otherwise stateless children born in their territory whose parents do not transmit citizenship, or to foundlings assuming unknown parentage. As of 2024, over 50 states are parties, promoting hybrid systems; however, non-parties like and many jus sanguinis-dominant nations rely solely on descent, heightening global risks estimated at 4.4 million individuals.

Naturalization and Other Modes

Naturalization constitutes the primary discretionary mode by which foreign nationals acquire a state's nationality subsequent to birth, involving an administrative grant contingent upon fulfillment of statutory criteria. This process typically mandates a period of lawful residence, ranging from five to ten years in most jurisdictions, alongside demonstrations of integration such as , knowledge of constitutional principles, and adherence to legal standards of good character. For instance, , applicants must maintain for at least five years—or three years if wed to a U.S. citizen—prior to eligibility, followed by an examination on , , and English competency. Requirements vary significantly across states, reflecting policy priorities on assimilation and security; some nations impose oaths of allegiance excluding prior nationalities, while others permit dual retention. In the , durations differ, with requiring five years of residence and integration tests, contrasted against Germany's eight-year standard, reducible via exceptional contributions. Approval rates and procedural rigor further diverge, influenced by administrative capacity and political climates, though empirical indicate higher success in countries emphasizing economic contributions over cultural . Beyond standard naturalization, alternative pathways include facilitated acquisition through to a national, often shortening residency to two or three years with spousal verification. by nationals similarly confers derivative nationality to minors, bypassing full residency mandates under conventions like the 1961 . Investment-based programs, operational in over a dozen states including and , grant nationality upon substantial economic commitments—such as €600,000 donations or real estate purchases—prioritizing fiscal incentives over prolonged integration, though criticized for commodifying . Special merit naturalizations reward exceptional service in arts, sciences, or athletics, as seen in grants to figures like in the U.S. in 1940. Declaration-based modes enable certain ethnic or historical claimants, such as descendants of emigrants in Ireland or , to affirm nationality sans residency. These mechanisms underscore states' sovereign discretion in balancing demographic, economic, and cultural imperatives in nationality conferral.

Nationality versus Citizenship

Nationality denotes the legal bond between an individual and a state, establishing the person's membership in that state for purposes of and . This status determines an individual's international rights and obligations, such as the right to a and abroad, and is typically acquired through birth on the state's territory (), descent from nationals (), or . Under Article 1 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, each state determines its nationals under its own law, with recognition by other states insofar as it aligns with international principles. Citizenship, by contrast, primarily concerns the domestic legal relationship granting full within the state, such as the right to vote, hold public office, and access without restrictions. In jurisdictions that differentiate the terms, citizenship represents a of nationality, entailing active participation in the , whereas nationality may confer only basic protections without full . For instance, in the United States, non-citizen nationals—such as residents of —hold U.S. nationality for international purposes but lack voting rights in federal elections until naturalized as citizens. The overlap between the concepts is substantial in many states, where "nationality" and "" are used interchangeably to signify identical status. However, distinctions persist in systems like the United Kingdom's, where British nationality encompasses categories such as , who possess nationality but not the or full citizenship entitlements in the UK. Similarly, recognizes "French nationals" broadly, with citizenship implying additional political rights. These variances arise from historical, colonial, and federal structures, affecting migration, dual status, and risks; for example, the 1961 UN Convention on the Reduction of Statelessness aims to prevent nationality loss without citizenship safeguards. In international frameworks, the right to a nationality—enshrined in Article 15 of the 1948 —precedes , ensuring no arbitrary deprivation that could lead to . Yet, empirical data from UNHCR indicates over 4.4 million known stateless persons as of 2023, often due to gaps between nationality attribution and realization in conflict-affected or post-colonial states. This underscores nationality's foundational role in state allegiance, distinct from citizenship's emphasis on internal governance participation.

Nationality versus Ethnicity

Nationality denotes the legal status of an individual as a member of a , entailing specific rights such as and obligations like taxation or . Under , this bond is determined by domestic statutes on acquisition—typically through birth on territory (), descent (), or —independent of cultural or ancestral factors. In contrast, refers to a social grouping based on shared cultural elements, including , traditions, , and perceived common ancestry, often self-identified or inherited through family and community. The distinction arises from their foundational bases: nationality is a formal, state-conferred enforceable by law, whereas is an informal, cultural affiliation lacking inherent legal compulsion. For instance, a person born in to non-French ethnic parents acquires via jus soli under Article 18 of the French Civil Code, yet may identify ethnically as Algerian if their heritage traces to Algerian cultural norms and ancestry. Conversely, ethnic groups like the Roma in or in the may share deep cultural ties without corresponding nationality in a dedicated state, leading to or minority status within host countries. While overlaps occur in nation-states where state boundaries align with predominant ethnic groups—such as , where over 97% of nationals are ethnically Japanese per 2020 data—these are historical contingencies, not definitional necessities. Legal nationality cannot be revoked based on ethnic divergence without violating principles in the 1930 Hague Convention or the 1961 Convention on the Reduction of Statelessness, which prioritize individual-state ties over ethnic conformity. Empirical studies confirm this separation; for example, U.S. data from 2020 shows American nationality encompassing 331 million people across 300+ ethnic ancestries, demonstrating nationality's detachment from ethnic homogeneity. Conflating the two risks policy errors, as seen in discriminatory laws targeting ethnic minorities despite their legal nationality, which international courts like the have under non-discrimination clauses.

Nationality versus National Identity

Nationality constitutes the formal, legal bond between an individual and a state, conferring specific such as and obligations like taxation, determined by domestic laws on birth, descent, or . In , this status is recognized as the primary criterion for toward individuals, as affirmed in the where the emphasized a "genuine connection" beyond mere formal attribution. , however, refers to a psychological and social construct involving an individual's subjective sense of belonging to a national group, often derived from shared cultural norms, historical narratives, language, and symbols rather than legal fiat. This distinction arises from social identity theory, which posits as an emergent property of group categorization and in-group favoritism, measurable through self-reports of attachment strength. The two concepts frequently align but can diverge significantly, leading to empirical tensions observable in migration contexts. For instance, naturalized immigrants may possess full yet exhibit weaker if host societies emphasize ethnic or cultural markers of belonging, as evidenced by surveys in where acquisition correlates with increased host-country identification only in nations with low public emphasis on ancestry-based exclusivity. Conversely, ethnic kin abroad—such as Russian speakers in —may harbor strong toward their ancestral homeland without legal there, fostering dual loyalties that challenge state cohesion. Longitudinal studies indicate that formation involves developmental interplay with personal and ethnic identities, peaking in through exposure to national symbols and narratives, independent of . Such divergences carry causal implications for and policy efficacy. Where lags behind nationality, as in multicultural states with high , outcomes include reduced civic participation and heightened intergroup , per analyses of U.S. and Canadian data showing inclusive legal nationality insufficient without reciprocal . Empirical models from further reveal that strong buffers psychological distress among citizens but may exacerbate exclusionary attitudes toward out-groups, contrasting with nationality's neutral, rights-based framework. prioritizes nationality for avoiding —evident in the 1961 Convention on the Reduction of Statelessness—yet overlooks 's role in allegiance, potentially enabling "weaponized" nationality attributions without genuine ties. Thus, while nationality provides objective membership, drives subjective loyalty, with misalignment risking policy failures in fostering stable polities.

International Law and Determining Factors

In international law, the determination of nationality is primarily a matter of domestic jurisdiction, with each state entitled to define its nationals according to its own legislation, provided such laws align with international obligations. This principle is codified in Article 1 of the Convention on Certain Questions Relating to the Conflict of Nationality Laws, which states that a state's nationality laws shall be recognized by other states insofar as they are consistent with international conventions, general , and established practice. Similarly, affirms that nationality attribution falls within the reserved domain of states, subject only to limited constraints from treaties and judicial precedents. Key international instruments address conflicts arising from differing nationality laws and aim to mitigate issues like dual nationality or without prescribing specific modes of acquisition. The 1930 Hague Convention emphasizes resolution of conflicts by reference to the lex fori of the state claiming nationality, while Article 3 specifies that possession of a state's nationality is governed by that state's law. Complementing this, the 1961 Convention on the Reduction of Statelessness imposes duties on states to grant nationality to certain categories, such as children born in the territory who would otherwise be stateless, and prohibits deprivation of nationality if it results in except in cases of fraud, disloyalty, or conflicts with . The 1954 Convention Relating to the Status of Stateless Persons further establishes protections for those without nationality, including to identity documents and employment, though it does not directly regulate acquisition. Judicial interpretation has introduced the concept of a "genuine link" as a factor in assessing nationality's effectiveness for specific purposes, notably . In the 1955 ( v. ), the ruled that Friedrich Nottebohm's nationality, acquired via in 1939 shortly before , lacked sufficient connection—such as residence, , or participation in public life—to enable to exercise against , where Nottebohm had long resided and conducted business. The Court held that requires "real and effective" nationality, not merely formal attribution, for such claims, emphasizing factors like , center of interests, and genuine ties over procedural compliance alone. However, this doctrine has not been extended universally; it applies narrowly to and , not to internal effects of nationality or broader recognition, as subsequent practice and scholarship indicate states retain broad discretion absent abuse. Additional determining factors under international law include prohibitions on arbitrary deprivation and non-discrimination, particularly to prevent statelessness. Article 15 of the 1948 Universal Declaration of Human Rights declares a right to nationality and bars arbitrary denial or loss thereof, influencing subsequent treaties like the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (Article 9), which requires equal nationality rights for women and their children, and the 1989 Convention on the Rights of the Child (Article 7), mandating birth registration and nationality acquisition to avoid statelessness. States must thus consider these obligations when enacting laws, ensuring determinations are not discriminatory on grounds of sex, race, or origin, though enforcement relies on domestic implementation and lacks universal ratification—only 76 states parties to the 1961 Convention as of 2023. In cases of state succession, international law, via instruments like the 1978 Montevideo Convention on Succession of States in Respect of Treaties and guidelines from the International Law Commission, urges continuity of nationality to affected persons unless overridden by new state policies, prioritizing effective links to avert mass statelessness. Overall, while international law defers to sovereign determinations, it conditions recognition on consistency with these anti-statelessness and equity norms, with violations potentially engaging state responsibility under customary rules. Domestic nationality laws form the core framework for defining, acquiring, and retaining nationality, typically codified in statutes or constitutions that outline eligibility criteria such as birth on , descent from nationals, or after residency and integration requirements. These laws often include procedural safeguards to prevent arbitrary loss, mandating that deprivation occur only through prescribed legal channels, such as judicial proceedings or administrative decisions subject to , and prohibiting actions that would render individuals stateless absent exceptional circumstances. In the United States, the Immigration and Nationality Act of 1952 (codified at 8 U.S.C. §§ 1401–1459) establishes rules for acquisition by or and limits loss to voluntary renunciation or denaturalization for fraud, with the latter requiring civil proceedings in federal court under the of the Fifth Amendment, ensuring evidence of willful misrepresentation and no retroactive application. The has reinforced these protections, ruling in cases like Schneiderman v. United States (1943) that revocation demands clear, unequivocal, and convincing evidence to avoid undermining settled expectations. The United Kingdom's British Nationality Act 1981 empowers the Secretary of State to deprive a person of citizenship if deemed conducive to the public good or for fraud, but only where the individual holds or is eligible for another nationality to avert statelessness; affected parties have statutory rights to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) and, if needed, judicial review in the Upper Tribunal or courts, as exercised in over 100 cases annually since 2010 with varying success rates based on proportionality assessments. In France, nationality is regulated under the Civil Code (Articles 17–33-2), permitting deprivation for adults naturalized less than 15 years prior who commit terrorism-related acts or crimes against fundamental French interests, enacted via the 2016 Strengthening Internal Security Act but requiring individual ministerial orders with Conseil d'État review for legality and non-discrimination; minors are generally exempt, and post-deprivation remedies include administrative appeals, though critics note expanded grounds post-2015 attacks raised due process concerns without resulting in widespread statelessness. Several constitutions embed explicit protections, such as Germany's Article 16(1), which declares "No German may be deprived of his citizenship," allowing loss only via voluntary acquisition of foreign or rare wartime cases under strict legislative oversight. Similar provisions appear in Italy's Constitution Article 22 and Spain's Article 11, barring deprivation except by law for dual nationals involved in , with judicial safeguards; however, implementation varies, and some states historically permitted broader executive discretion, prompting reforms to align with anti-statelessness principles after international advocacy. Despite these frameworks, gaps persist in certain jurisdictions, including discriminatory transmission rules affecting women or children in at least 25 countries as of , where maternal descent does not confer nationality equally, though domestic reforms in places like (2017) and (2023) have equalized parental rights under pressure from bodies, underscoring uneven enforcement of protections.

Regional Variations in Conferment

Europe

In Europe, nationality is predominantly conferred through jus sanguinis, the principle of descent from a parent or parents holding the nationality of the state, reflecting a historical emphasis on blood ties over territorial birthrights. This approach aligns with the continental legal tradition and is applied across nearly all European states, including all EU member states, where acquisition at birth via jus sanguinis accounts for the vast majority of new nationals. Unlike in the Americas, unconditional jus soli—automatic nationality by birth on the territory regardless of parental status—is absent in Europe; instead, any territorial elements are conditional, often requiring residency by the child or parents, or applying only to otherwise stateless children to comply with international obligations. The European Convention on Nationality (1997), ratified by 21 Council of Europe member states as of 2021, reinforces state sovereignty in defining nationals while promoting principles like avoiding statelessness and facilitating proof of nationality abroad, but it has not led to harmonization due to extensive reservations and non-ratifications. Variations in jus sanguinis application include limits on generational transmission abroad; for instance, restricts automatic descent to the second generation born outside the country unless registration occurs, while permits unlimited generations with no residency requirement for ancestors. , , and combine jus sanguinis with conditional jus soli: children born on the territory to foreign parents acquire nationality if at least one parent has met long-term residency thresholds (e.g., eight years in since the 2000 reform). employs a "double jus soli" model, granting automatic nationality to children born in whose parents were also born there, alongside options for minors to claim it after residency periods (e.g., five years). and similarly incorporate residency-based acquisition for long-term resident children, often at majority age (18). In contrast, Nordic countries like and emphasize jus sanguinis with minimal territorial qualifiers, though they grant citizenship to foundlings or stateless births on their soil. Post-Soviet states such as and maintain strict jus sanguinis, resulting in historical for ethnic Russian minorities ineligible under Soviet-era residency rules, though reforms have reduced non-citizen populations to about 10% in as of 2023 via pathways rather than birthright changes. Naturalization remains a key conferment mode, typically requiring 5–10 years of legal residence, language proficiency, and integration tests, with EU states increasingly tolerating dual nationality upon acquisition—accepted without restriction in 15 member states as of 2024, up from earlier prohibitions. Adoption confers nationality automatically in most states if the adoptive parents are nationals, mirroring jus sanguinis. EU citizenship, a supranational status, is derivative of national nationality, entitling holders to free movement but not altering primary conferment rules, as confirmed by the Court of Justice's rulings emphasizing member state autonomy. These variations underscore causal factors like demographic pressures from low birth rates (e.g., 1.5 children per woman EU average in 2023) prompting selective jus soli expansions to integrate second-generation immigrants, balanced against sovereignty concerns over migration control.

Americas

In the Americas, nationality is predominantly conferred through jus soli, granting automatic citizenship to nearly all individuals born within the territory, regardless of parental nationality or legal status. This principle, adopted widely post-independence from European powers, promotes integration and counters low native birth rates in settler societies. Over 30 countries globally practice unrestricted jus soli, with the vast majority located in the , including the , , , and most Latin American nations. North American countries exemplify unrestricted jus soli. In the United States, the Fourteenth Amendment to the Constitution, ratified on July 9, 1868, states: "All persons born or naturalized in the , and subject to the jurisdiction thereof, are citizens of the and of the State wherein they reside." The in United States v. Wong Kim Ark (1898) confirmed this applies to children of non-citizen parents, excluding only those born to foreign diplomats or invading forces. , under section 3(1)(a) of the Citizenship Act (R.S.C., 1985, c. C-29), grants citizenship to any person born in after February 14, 1977, with similar diplomatic exceptions. Mexico's Political Constitution, Article 30, Section I, provides unconditional citizenship to those born in Mexican territory, irrespective of parental origin. Latin American states largely mirror this approach, with enshrined in constitutions to build national cohesion. Argentina's (Article 75, Section 12) and Brazil's 1988 Constitution (Article 12, I, a) grant to all born on their soil, even to children of foreigners not in official service. Similar provisions exist in , , , , , , and . In , , , and others follow suit. complements these, transmitting to children born abroad to nationals, often without generational limits if registration occurs, as in the U.S. under Immigration and Nationality Act sections 301 and 309. Exceptions and variations occur, particularly in the Caribbean. The historically restricted jus soli for children of Haitian descent, leading to statelessness crises; a 2010 Constitutional Court ruling retroactively denied citizenship, but 2014 legislation (Law 169-14) naturalized over 80,000 affected individuals born since 1929. and grant jus soli but impose residency or other conditions for full rights. Naturalization remains available region-wide, typically requiring residency (e.g., five years in the U.S., three in ), good character, and , though jus soli dominates conferment at birth.

Asia

In Asia, nationality conferment predominantly adheres to , with citizenship transmitted through descent from at least one parent holding the nationality, often irrespective of birthplace; this reflects regional priorities on lineage, ethnic cohesion, and control over demographic changes amid dense populations and historical migrations. Exceptions incorporating —birth on territory—are limited and typically conditional, such as in (where birth occurs if the father or paternal grandfather was born there) or (birth to non-stateless parents with registration). Dual nationality is generally restricted or prohibited to reinforce singular allegiance, though enforcement varies. China's , enacted on September 10, 1980, exemplifies strict : a acquires Chinese nationality at birth if both or one is Chinese, regardless of birthplace (Article 4); abroad-born of Chinese nationals gain it unless they acquire foreign nationality at birth (Article 5). is rare, requiring renunciation of prior nationality and approval, with only 1,448 grants recorded from 1980 to 2010. explicitly rejects dual nationality (Article 3), leading to automatic loss upon voluntary foreign acquisition. India transitioned from unconditional jus soli under the 1955 Citizenship Act to jus sanguinis via the 1986 amendment (effective July 1, 1987): post-1987 births in India confer citizenship only if at least one parent is Indian. The 2003 amendment tightened this, excluding cases where the other parent is an illegal migrant, aiming to curb unauthorized immigration; pre-1987 births remain covered by original jus soli. Overseas-born children of Indian citizens acquire it by descent for the first two generations, with registration required thereafter. Japan's Nationality Act of May 4, 1950 (as amended), bases acquisition at birth on parental nationality: a child gains Japanese citizenship if either is Japanese, without birthplace requirement. Adults must choose single nationality by age 22 if holding dual, with automatic loss upon foreign acquisition post-22; demands five years' residence, renunciation of other nationalities, and good conduct. In the , Saudi Arabia's 1954 Citizenship System confers nationality patrilineally: birth to a Saudi father grants it automatically, inside or outside the kingdom (Article 1). Children of Saudi mothers and foreign fathers may seek discretionary via ministerial approval after majority, with recent reforms easing maternal transmission but retaining paternal primacy. otherwise requires 10 years' residence, Arabic proficiency, and loyalty oath, with dual nationality barred. Israel's 1952 Nationality Law combines jus sanguinis with jus soli elements: birth to at least one Israeli citizen parent confers it, regardless of location. The 1950 Law of Return extends this to Jews, their children, grandchildren, and spouses immigrating, granting immediate citizenship upon arrival, prioritizing Jewish descent over strict parental status. Non-Jews born in Israel to non-citizen parents may naturalize after residency, but family reunification from certain territories faces restrictions under temporary orders. Dual nationality is permitted for Israelis.

Africa

In African countries, nationality at birth is predominantly conferred through jus sanguinis, whereby citizenship is inherited from at least one parent who holds the nationality of the state, reflecting post-colonial concerns over and ethnic composition inherited from independence-era constitutions. This approach contrasts with the unconditional jus soli (birthright citizenship regardless of parental status) prevalent in the , as African legal frameworks often prioritize descent to limit automatic acquisition by children of migrants or refugees, a pattern shaped by historical migrations and disputes. Over half of the continent's 54 states incorporate some form of jus soli, but these are typically conditional, requiring parental ties to the territory or residency until adulthood, as documented in comparative analyses of statutory provisions. Unconditional jus soli is exceptional, applying only in , , and , where any child born on the soil automatically acquires nationality, though 's implementation has been inconsistent due to administrative and political factors. More commonly, conditional jus soli prevails, such as double jus soli in , , and , granting citizenship to a child born in the territory if at least one parent was also born there, or residency-based variants in (requiring the child to reside until age 18 if parents are permanent residents) and . Pure jus sanguinis dominates in nations like (per its 1999 Constitution), , , and , where birth in the territory confers no automatic right absent parental citizenship. These variations stem from colonial legacies—French territories often retained elements of jus soli from the Code de la Nationalité—and post-independence amendments addressing , with reforms in (2010 Constitution, Article 15) and (2010) expanding maternal transmission rights. Gender disparities persist in approximately 12 countries, including , , and , where only fathers can transmit nationality to children born abroad, rooted in patrilineal customary laws and statutory biases that predate independence but have faced international pressure under treaties like the African Charter on the Rights and Welfare of the Child. Reforms have advanced in over 20 states since the , notably (2013) and (2014), enabling equal parental transmission, though enforcement varies amid ethnic exclusions in places like (limited to those of "Negro descent") and the Democratic Republic of Congo. pathways, often requiring 5–10 years of residency, marriage to a national, or , supplement birth-based conferment but are discretionary and rarely lead to mass grants, with dual nationality increasingly tolerated in about 20 countries like (since 1995 amendments) to facilitate ties. Statelessness risks remain high for foundlings or nomadic groups in 16 states lacking clear provisions for unknown parents, exacerbated by weak registration systems.
CategoryExamplesKey Conditions
Unconditional Jus Soli, , Automatic for any birth on territory; Tanzania application inconsistent.
Conditional Jus Soli (e.g., Double or Residency-Based), , , Parental birth in territory or child residency to majority; South Africa requires permanent resident parents.
Pure Jus Sanguinis, , , Parental citizenship required; gender restrictions in Sudan (paternal only).

Oceania

In Australia, citizenship acquisition combines elements of jus soli and jus sanguinis under the Australian Citizenship Act 2007. Individuals born outside Australia to at least one parent who was an Australian citizen at the time of birth are eligible for citizenship by descent, requiring an application to formalize status. For those born in Australia, citizenship confirmation involves verifying parental citizenship or permanent residency status at birth, with automatic acquisition applying under specified conditions to avoid statelessness. Permanent residents may obtain citizenship by conferral after meeting residence requirements, typically four years, along with character and integration criteria. New Zealand's Citizenship Act 1977 outlines acquisition by birth, descent, or grant. Citizenship by birth occurs automatically for children born in New Zealand on or after 1 January 2006 if at least one parent holds citizenship or at the time of birth; the same parental condition applies to births before that date. By descent, children born abroad to a citizen parent receive upon registration with the , ensuring transmission across generations. Grants of require , good character, , and intent to reside, with dual permitted. Pacific Island countries exhibit diverse approaches, often emphasizing to align with indigenous descent and cultural preservation, though some incorporate . In , under the Citizenship of Fiji Act 2009 effective 10 April 2009, children born in the territory acquire citizenship at birth, subject to parental status exceptions, while dual citizenship is allowed. Papua New Guinea's framework includes automatic citizenship for those born in the territory post-independence, supplemented by descent from citizen parents, with naturalization requiring eight years' continuous residence, language ability in or a vernacular, and renunciation of prior nationalities unless approved otherwise. Across 23 Pacific Island countries and territories, applies in six (including ), while most favor unrestricted or limited ; dual is permitted in 21 but prohibited in two (, ), posing risks of for children born to non-citizen parents in territories lacking birthright protections.

Multiple Nationalities and Statelessness

Dual and Multiple Nationality

Dual nationality, also known as multiple nationality, occurs when an individual holds citizenship in two or more states concurrently, entailing rights and obligations toward each. This status arises primarily through birthright principles such as jus soli (birth on territory) combined with jus sanguinis (descent), naturalization without mandatory renunciation, or marriage to a citizen, and is recognized under customary international law without a general prohibition. Although the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws sought to minimize dual nationality by prioritizing one state's laws in conflicts, it achieved limited adherence and did not bind most nations, paving the way for broader acceptance. Historically, dual nationality faced strong opposition due to fears of divided allegiances and diplomatic disputes, with early 20th-century views likening it to "self-evident absurdity" akin to , as articulated by figures like . Acceptance grew post-World War II amid rising migration and family unification; the permitted it in 1948 by removing expatriation requirements, followed in 1973, and by the 1990s, European and American states increasingly liberalized policies, with only about 25% allowing it in 1990 rising to over 40% by 2000. Today, approximately 49% of countries worldwide permit dual or without restriction, particularly in , the , and select nations, while others impose conditions or bans to enforce singular loyalty. Under , states retain sovereign authority to confer or withhold nationality, but dual nationals may invoke from their "dominant and effective" nationality state in disputes, as established in the 1955 before the , where genuine links like residence and intent determine precedence over formal ties. The 1997 European Convention on Nationality affirms tolerance for multiple nationalities, prohibiting discrimination against them, though it does not mandate acceptance. In practice, the recognizes dual nationality but asserts primary allegiance from its citizens abroad, potentially subjecting them to U.S. laws like taxation regardless of residence. Rights conferred by multiple nationalities include access to multiple passports for enhanced travel mobility—dual citizens often enjoy visa-free access to more destinations—and eligibility for public services, property ownership, and in both states without automatic loss of status. Obligations, however, can overlap, such as dual tax liabilities (mitigated by treaties in many cases), compulsory where applicable (e.g., in or for dual nationals), and potential extradition conflicts. Empirically, multiple nationalities facilitate economic opportunities and remittances but raise causal concerns over in security-sensitive roles; for instance, some states like prohibit it to prevent foreign influence, viewing it as incompatible with undivided . While proponents cite benefits in globalized labor markets, critics argue it complicates state control over risks and , though no large-scale links it to systemic disloyalty.
CategoryAllows Multiple NationalityProhibits or Restricts
Examples, , , , , , , ,
Acquisition typically requires no affirmative action beyond meeting each state's criteria, but some nations mandate choice upon reaching adulthood (e.g., certain Latin American countries), potentially leading to if exclusivity is enforced. Overall, the prevalence of dual nationality—estimated at tens of millions globally—reflects pragmatic adaptation to transnational lives, though persistent policy divergences underscore tensions between individual mobility and state sovereignty.

Statelessness

Statelessness refers to the condition of a who is not considered a national by any state under the operation of its , thereby lacking the legal bond of with any country. This absence of nationality deprives individuals of associated with citizenship, such as access to passports, protection from expulsion, and eligibility for public services. Stateless persons may be born into this status—known as statelessness—or acquire it later due to changes in or circumstance, often compounded by administrative failures or deliberate exclusion. The primary causes of statelessness include gaps and conflicts in nationality laws between states, particularly affecting children born to parents of unknown or differing nationalities; discriminatory laws based on , , or that exclude certain groups from citizenship; dissolution or succession of states leading to unaddressed populations; and voluntary renunciation of nationality without acquiring another. Migration, nomadism, and exacerbate risks, as do arbitrary deprivation by states or failure to register births in remote or marginalized communities. remains a significant driver, with laws in some countries denying citizenship to descendants of migrants or specific ethnic minorities, perpetuating intergenerational statelessness. Globally, the United Nations High Commissioner for Refugees (UNHCR) estimates that 4.4 million stateless individuals were recorded as of the end of 2023, though the true figure is likely higher due to underreporting in many regions where data collection is limited or politicized. Prominent examples include the Rohingya in , the world's largest stateless population exceeding 1 million, denied citizenship under the 1982 Citizenship Law despite longstanding residence, leading to mass displacement of nearly 1 million to since 2017. In Europe, tens of thousands of Roma face statelessness due to historical discrimination, incomplete documentation from post-communist transitions, and exclusionary registration practices in countries like and the . Other groups, such as the Bidoon in and in , endure similar exclusion rooted in ethnic marginalization and gaps in jus soli or jus sanguinis provisions. Under , the 1954 Convention Relating to the Status of Stateless Persons establishes minimum standards for treatment, granting stateless individuals rights to identity documents, employment, , and welfare akin to those of aliens, with 98 states parties as of 2024. The 1961 Convention on the Reduction of Statelessness, ratified by 79 states, mandates safeguards like granting nationality to children born stateless on state territory and prohibiting deprivation that results in statelessness except in limited cases. These instruments address root causes but face implementation gaps, as many states have not acceded, and enforcement relies on national legislation. Efforts to eradicate statelessness have intensified through UNHCR's #IBelong Campaign (2014–2024), which facilitated nationality acquisition for over 500,000 people via legal reforms and birth registrations in 86 countries. The subsequent Global Action Plan to End 2.0 outlines 11 priority actions, including resolving major situations like the Rohingya crisis, preventing child statelessness through universal birth registration, and eliminating gender discrimination in nationality transmission laws affecting over 15 countries as of 2023. Despite progress, challenges persist from state sovereignty over nationality, resource constraints, and resistance in discriminatory regimes, underscoring the need for sustained advocacy and data-driven interventions.

Contemporary Issues and Debates

Implications for Migration and Sovereignty

States exercise sovereign authority over nationality, which directly governs their capacity to regulate migration by defining membership criteria and associated rights to entry, residence, and expulsion of non-nationals. This control is rooted in international law, where states retain the prerogative to enact laws on admissions, border security, and removal without general obligations to admit migrants. Nationality laws thus serve as a mechanism for preserving territorial integrity and resource allocation, as uncontrolled inflows can strain public services and dilute the state's ability to prioritize citizens. Certain nationality conferment principles, particularly unrestricted jus soli (birthright citizenship regardless of parental status), create migration incentives by offering automatic membership to children born on territory, often exploited through illegal entry or "birth tourism." In the United States, this has prompted legislative responses, such as the Birthright Citizenship Act of 2025, which seeks to exclude children of undocumented immigrants from automatic citizenship to curb such practices. Similarly, President Trump's January 2025 executive order aimed to end birthright for children of illegal entrants and tourists, arguing it undermines sovereignty by incentivizing violations of immigration laws. These policies reflect causal links where permissive citizenship rules correlate with elevated unauthorized migration rates, as seen in U.S. debates over the 14th Amendment's interpretation. Mass migration challenges sovereignty when states face pressure to cede border enforcement, as evidenced by erosions in control leading to diminished national autonomy over demographic and economic composition. International refugee frameworks impose limited constraints, such as non-refoulement, but do not compel admission beyond capacity, allowing states to balance humanitarian obligations with sovereignty. In practice, failures in enforcement, like prolonged border surges, enable parallel economies and security risks that bypass state authority, prompting reforms to reinforce nationality as a bulwark against dilution of citizen privileges. While proponents of open policies argue compatibility with sovereignty through selective integration, empirical patterns indicate that lax controls often result in de facto loss of decisional power over who constitutes the polity.

Controversies over Birthright Citizenship and Policy Reforms

Birthright citizenship, or , grants automatic nationality to individuals born within a country's territory, regardless of parental status. Controversies arise primarily from its perceived role in incentivizing and "," where pregnant non-citizens enter solely to secure citizenship for offspring, enabling subsequent family chain migration and access to welfare benefits. Proponents argue it ensures equality and prevents , while critics contend it undermines by rewarding unlawful entry, with empirical data showing over 300,000 U.S. births annually to undocumented parents between 2000 and 2010, contributing to long-term fiscal costs estimated at billions in public services. In the United States, debates intensified with interpretations of the 14th Amendment's , ratified in 1868 to affirm for freed slaves and their descendants. The Supreme Court's 1898 decision in United States v. Wong Kim Ark extended it to children of legal Chinese immigrants but did not address illegal entrants, leaving room for contention that the clause applies only to those "subject to the thereof," excluding diplomats and, arguably, unlawful residents owing allegiance to foreign powers. Former President Donald Trump's January 2025 sought to deny to children of undocumented or temporary visa holders via reinterpretation, prompting legal challenges and a Supreme Court ruling limiting district courts' nationwide injunctions, though the policy's core remains unresolved. Policy reform efforts include the Birthright Citizenship Act of 2025, introduced by Senators , , and on January 29, 2025, which would limit citizenship to children of U.S. citizens, lawful permanent residents, or active-duty military personnel, explicitly halting automatic grants to offspring of illegal immigrants or non-immigrant visa holders. is divided, with a February 2025 Pew Research Center survey showing 52% disapproval of Trump's order versus 42% approval, reflecting partisan lines where Republicans cite reduced migration incentives and Democrats warn of a "permanent ," though international precedents contradict the latter by demonstrating successful transitions without widespread . Globally, over 30 countries have reformed unconditional amid rising , shifting to conditional models requiring parental residency or . The United Kingdom's 1981 British Nationality Act restricted it to children with at least one British citizen or settled parent, reducing "birthright claims" post-colonial migration surges. amended in 1986 to exclude temporary residents, via 2004 to mandate three years' legal parental residency, and in 2006 similarly, with data showing no resultant spikes but curtailed "anchor baby" incentives. These reforms, driven by causal links between unrestricted and uncontrolled inflows—as in 's pre-2004 maternity hospital overloads—inform U.S. debates, countering claims from advocacy groups like the ACLU (noted for left-leaning stances) that restrictions inevitably harm children.

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