Nationality
INTRODUCTION:-
Starke, “Nationality has been defined as the status of
membership of the collectively of individual whose acts
decision and policy are vouch safed through the legal concept
of the State representing these individuals
.” Prof. Oppenheim, “Nationality of an individual the quality of
being a subject of a certain State and therefore its citizens.”
IMPORTANCE OF NATIONALITY: -
The right of protection of diplomatic representatives are available
because of nationality.
If any state does not restrain a person of its nationality from such
disadvantageous action which are affecting other States then the fist
State shall be responsible to other states for such actions of its
nationals.
Ordinarily states do not refuse to accept its nationals in extradition.
One of the effects of the nationality is that the state has a right to
refuse extradition of own national.
By the practice of many States, at the time of war the Enemy
character is determined on the basis of nationality
Acquisition of Nationality
All the State’s and even the International Bodies have laid down certain
provisions on how someone can acquire the nationality of any country.
Nationality is acquired most commonly on these grounds:
Nationality by Birth
Being born in a country qualifies you to be a national of the respective country.
This is usually referred to as Jus Soli. It is a Latin term, its literal translation is
“right of soil”.
The states which follow the principle of jus soli, allow the individual to acquire
the citizenship of that particular state on the virtue of being born on the state’s
territory. This is provided despite the citizenship or the immigration status of
the respective individual’s parents.
By Naturalization
The process by which a foreign citizen becomes eligible to acquire the
nationality or citizenship of any country. It usually requires the individual
seeking the same to fulfil certain requirements and perform certain protocols to
be eligible for the same.
The rules and protocols for naturalization vary from country to country. The
most common element can be the requirement of a promise to obey and uphold
the country’s law and respect the constitution.
1.Nationality by Marriage
Individuals need not keep renewing their visa and burning a hole into their
pockets for the sake of love. Foreign individuals have the opportunity to be a
permanent citizen of the state where your significant other might be. This is
known as a citizenship marriage.
2.Nationality by Adoption
This is also referred to as intercountry or transnational adoption. This is very
similar to any normal adoption procedure, just in an international context. By
the virtue of this measure, an individual or a couple can be deemed legal
parents of a child belonging to a foreign nation.
Loss of Nationality
Voluntary loss of citizenship
Means relinquishing one’s nationality. The prime focus here is on the voluntary
part. Almost all the countries have set-up their own set of rules for the formal
relinquishment of their citizenship. There are countries which do not allow that
as well, they tend to trap their nationals in an endless loop of administrative
red-tapism.
By Expatriation
An expatriate refers to a person who is residing in any other country rather than
his native country. Expatriation is a voluntary right which a citizen of a country
can exercise on the basis of his discretion if required. It means renouncing the
nationality and allegiance of a country without any constitutional consequences.
Generally, this term refers to the professional and skilled working-class (for
private entities or government organisations) or even artisans who work outside
their homeland.
Renunciation of Nationality
Renunciation refers to the voluntary act by virtue of which an individual can
relinquish one’s nationality. It simply means to give up. Most countries do
provide their citizens with this right.
There can be a lot of reasons for people to renounce their citizenship.
The most common reasons are as follows:
People might dislike their country’s laws. The field of law is humongous
and so is the world population. Although the jurists try their best, there
is still some gap, it is always not possible to appease all the sections of
society. Thus there can be sections of people unhappy with some laws.
There can be personal reasons as well as political ideology clashes. The
respective countries might be engaged in a war.
Loss of nationality by Expiration
This does not exactly refer to the loss of nationality, because it is more
emotional rather than political. Your citizenship might expire when you stay in a
foreign nation for too long.
