PUBLIC INTERNATIONAL LAW
NATIONALITY
INTRODUCTION
Nationality is a fundamental concept in international law that defines the legal
relationship between an individual and a state. It determines the rights and
duties of individuals in relation to their state and plays a crucial role in diplomatic
protection, immigration, and international legal obligations.
DEFINITION
Nationality is generally defined as the legal bond between a person and a state,
signifying allegiance to that state in return for protection. The International
Court of Justice (ICJ) defined nationality as a legal connection based on a genuine
link between an individual and a state.
IMPORTANCE
The importance of nationality lies in its role in providing individuals with identity,
legal protection, and rights, such as access to education, healthcare, and
employment. Nationality also serves as the basis for diplomatic protection,
where a state can intervene on behalf of its nationals in cases of international
disputes or violations of rights.
ACQUISITION OF NATIONALITY
1. BIRTH
One acquires nationality inherently by birth. Under jus soli (right of the soil),
nationality is granted based on birthplace (e.g., the United States). Under jus
sanguinis (right of blood), nationality is inherited from parents (e.g., Germany,
Japan).
2. NATURALIZATION
Naturalization is the acquiring of nationality by becoming subject to the state to
which he was an alien before. It is a legal process where a non-citizen voluntarily
acquires nationality by following processes:
a. Marriage
b. Appointment as Government Official
c. Official grant of Nationality on application
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3. RESUMPTION
Acquiring nationality by resumption means if a person has lost nationality by
their long residence abroad, he may acquire it back in fulfilling certain
conditions.
4. SUBJUGATION
When a state is defeated or conquered, all the citizen acquire the nationality of
considering state.
STATELESSNESS PREVENTION
Statelessness occurs when an individual is not considered a national by any
state. This can result from discriminatory laws, conflicts in nationality laws, or
the dissolution of states (e.g., the breakup of the Soviet Union). Stateless
persons face numerous difficulties, such as lack of legal identity, restricted
movement, and limited access to education and healthcare.
International law encourages states to prevent statelessness by granting
nationality to individuals who would otherwise lack it, especially children born
on their territory or to their citizens.
LOSS AND CHANGE OF NATIONALITY
1. RENUNCIATION
It means voluntarily giving up nationality, often to acquire another. In some
cases, an individual has to make choice between two nationalities and he
renounces (gives up voluntarily) one and chooses the other.
2. REVOCATION OR DEPRIVATION
Some states revoke nationality due to criminal activities, fraud in naturalization,
or disloyalty. Laws in certain countries mention the cases where nationality may
be revoked.
3. RELEASE
Nationality nah be lost by release on application. Sometimes such deeds may be
signed or registered at consulate.
4. LONG RESIDENCE ABROAD
Right of nationality may be lost by long residence abroad. It may also be acquired
again by resumption.
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CONCLUSION
Nationality is a cornerstone of international law, defining the legal identity of
individuals and their relationship with the state. It influences diplomatic
protection, human rights, and global mobility. While international law promotes
the right to nationality and the prevention of statelessness, challenges remain
in ensuring that all individuals enjoy this fundamental right. States must work
together to create fair and inclusive nationality laws that protect individuals and
uphold international legal standards.
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