Nationality and statelessness

NATIONALITY AND STATELESSNESS

Nationality - Meaning

  • Individuals owe allegiance to their States.

  • Nationals are those who owe permanent allegiance to a State.

  • Nationality is defined as the status of a natural person attached to a State by allegiance.

  • Oppenheim states nationality is a quality of being a subject of a certain State.

Role of Nationality in International Law

  • Nationality allows individuals to enjoy benefits from International Law.

  • States exercise jurisdiction over nationals abroad.

  • Jurisdiction is limited by International Law.

  • In the Mavrommatis case, the Permanent Court emphasized a State's right to protect its subjects from other States' actions.

  • Protection extends to the property of nationals.

  • If a national is expelled from another State, their State has a duty to accept them back.

  • Refusal to accept nationals contradicts International Law obligations.

  • Nationality is essential for resolving international legal issues concerning individuals.

Modes of Acquisition of Nationality

  • Nationality acquisition is determined by municipal law, varying from State to State.

(1) By Birth:

  • Nationality conferred at birth based on territory (jus soli).

  • Countries like the UK and USA follow this principle.

  • Indian Citizenship Act 1955 grants nationality based on birth regardless of parents' nationality.

(2) By Descent:

  • Acquired through parents' nationality (jus sanguinis).

  • Countries like Germany and France confer nationality in this way.

  • India also recognizes jus sanguinis through the Indian Citizenship Act 1955.

(3) By Naturalization:

  • Nationality can change due to naturalization.

  • This process can occur via marriage, legitimation, or other criteria.

  • Adopted children may acquire their parents' nationality.

(4) By Resumption:

  • A person who lost nationality can reacquire it (reintegration).

(5) By Subjugation:

  • Acquired through conquest when inhabitants become nationals of the conquering State.

(6) By Cession:

  • Occurs when territory is ceded; former nationals become nationals of the new State.

(7) By Option:

  • In cases of partition, individuals can choose their nationality among successor States.

(8) By Registration:

  • Nationality may be acquired through registration per each State's laws.

Modes of Loss of Nationality

  • Loss of nationality can occur in several ways:

(1) By Release:

  • Some States allow citizens to request release from nationality.

(2) By Deprivation:

  • Certain acts, like foreign military service, may lead to loss of nationality.

(3) By Renunciation:

  • Individuals may renounce nationality when obtaining another.

(4) By Substitution:

  • Loss of nationality happens when another nationality is acquired via naturalization.

(5) By Expiration:

  • Nationality may expire if a person stays abroad for too long, per State laws.

Double Nationality

  • Non-uniform laws can lead to double or multiple nationalities.

  • Acquired when a person is born abroad (jus soli) and to national parents (jus sanguinis).

  • Women may acquire their husband’s nationality but retain their own as well.

  • Individuals may have double nationality intentionally or unintentionally.

Statelessness

  • A stateless person lacks nationality from any State.

  • Statelessness can occur at birth or later (e.g., loss of nationality).

  • Example: A child born to stateless parents is also stateless.

  • Relying on municipal laws may leave individuals stateless if they lose nationality.

  • Stateless individuals lack rights protected by International Law.

  • They face challenges in family rights, property succession, etc., as their personal status is uncertain.

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