Nationality law
Encyclopedia
Nationality law is the branch of law
concerned with the questions of nationality
and citizenship
, and how these statuses are acquired, transmitted, or lost. By custom
, a state
has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory law
, or case law
(precedent), or some combination. In some cases, determinations of nationality are also governed by public international law—for example, by treaties
on statelessness
and the European Convention on Nationality
.
or jus sanguinis
, or on a combination of the two. Jus soli (Latin: the law of the soil) is the principle by which a child born within a country's territorial jurisdiction acquires that country's nationality. Jus sanguinis (Latin: the law of the blood) is the principle by which a child acquires the nationality of his or her parents. Today, most if not all countries apply a mixture of these two principles: neither granting citizenship to everyone born within the country's jurisdiction, nor denying citizenship to the children born abroad.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
concerned with the questions of nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
and citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
, and how these statuses are acquired, transmitted, or lost. By custom
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
, a state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
, or case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
(precedent), or some combination. In some cases, determinations of nationality are also governed by public international law—for example, by treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
on statelessness
Statelessness
Statelessness is a legal concept describing the lack of any nationality. It is the absence of a recognized link between an individual and any state....
and the European Convention on Nationality
European Convention on Nationality
The European Convention on Nationality is a comprehensive convention of the Council of Europe dealing with the law of nationality....
.
Principles
Broadly speaking, nationality law is based either on jus soliJus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
or jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, or on a combination of the two. Jus soli (Latin: the law of the soil) is the principle by which a child born within a country's territorial jurisdiction acquires that country's nationality. Jus sanguinis (Latin: the law of the blood) is the principle by which a child acquires the nationality of his or her parents. Today, most if not all countries apply a mixture of these two principles: neither granting citizenship to everyone born within the country's jurisdiction, nor denying citizenship to the children born abroad.
International Treaties
International law generally recognizes the right of states to set their own policy concerning nationality. Nevertheless, there are a number of international treaties that are relevant to nationality law.See also
- CitizenshipCitizenshipCitizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
- NationalityNationalityNationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
- Jus soliJus soliJus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
- Jus sanguinisJus sanguinisIus sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
- Multiple citizenshipMultiple citizenshipMultiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
- PassportPassportA passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
- Immigration lawImmigration lawImmigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
- Political asylum
- Human migrationHuman migrationHuman migration is physical movement by humans from one area to another, sometimes over long distances or in large groups. Historically this movement was nomadic, often causing significant conflict with the indigenous population and their displacement or cultural assimilation. Only a few nomadic...