How nationality is acquired and lost
1. Introduction:
Nationality is the status of a person who is attached to a state by the tie of allegiance. it is a relationship between a state and an individual. the fundamental basis of the nationality of a person is membership of an independent political community. The question of determination of nationality comes within the doctrine of municipal law. the Hague Conference (1930) while adopting the convention of the conflict of nationality laws left to each state to determine as to "who are its nationals under its laws".
2. Meaning:
The word nationality is derived from the word national which simply means subject of a particular state.
3. Definition:
According to Openheim:
"Nationality of an individual is his quality being a subject of a certain state."
4. Determination of nationality
U. S v/s Wong Kum Ark 1898:
It was held that the state may determine as to what type or class of people shall be entitled to citizenship.
5. Right of nationality:
According to Article 15 (i) of the Universal Declaration of Human Rights 1984 i. e everyone has rights to a nationality. the Hauge Convention on certain questions relating to the conflict of nationality laws 1930 provides that it is for each state to determine under its municipal law who are its nationals.
6. Importance of nationality:
Stark's views
(i) Protection of rights:
Protection of the rights of the diplomatic agents is a consequence of nationality.
(ii) Jurisdiction of state:
The state exercises jurisdiction over civil and criminal matters over the persons of its nationality.
(iii) Practice of state during war:
During the war, the enemy is determined based on nationality.
(iv) Refusal to extradite:
The state can refuse to extradite its nationals.
(v) Responsibility of state:
States shall be responsible for harmful acts committed by their nationals if they allow them to commit such harmful act.
7. Modes of acquisition:
Following are the modes of acquisition of nationality.
I. By birth:
The chief mode of acquiring nationality is by birth. a person acquires nationality of the state where he is born.
(i) Kinds of nationality by birth:
(a) Jus Soli:
It is nationality according to territory or locality of birth.
(b) Jus Sanguinis:
It is nationality according to the nationality of the parents.
II. By naturalization:
Naturalization is a process by which a person living in a foreign state acquires citizenship of that state or it takes place when a person becomes the subject of the state to which he was before an alien. There are six ways of naturalization.
(a) Marriage:
The wife assumes her husband's nationality if the latter is the national of another state.
(b) Legitimation:
A legitimate child acquires the nationality of his father.
(c) Option:
If a person fulfills the requisite conditions prescribed by the law of any state, he may be offered nationality by that state.
(d) Domicile:
If a person keeps the domicile of a state, he also gets the nationality of that state.
(f) Government service:
If a person gets govt, service in a state he acquires the nationality of that state.
(i) Permission by state to apply:
If the law of any state permits application from persons for conferring nationality. such a person may get nationality if they prove their eligibility.
III. By resumption:
It happens when a person resumes his nationality after losing it.
IV. By subjugation:
It is acquired when a state is defeated or conquered and when all citizen acquires the nationality of the conquering state.
V. By cessation:
When a state has been ceded in another state. the people of that territory get the nationality of the state in which the territory has been merged.
VI. By legislative or administrative act:
Nationality can also be acquired by the legislative or administrative acts of the state.
8. Modes of losing nationality:
According to Oppenheim nationality can be lost in the following ways.
(i) Release:
It is affected by applying by the nationality holder. if the application is allowed, he may lose his nationality.
(ii) Deprivation:
Some states provide deprivation of nationality in certain circumstances. if a national of a state gets his appointment in another state without seeking prior permission of his state, he will be deprived of the nationality in that state.
(iii) Residence Abroad for a long period:
If a person resides for a long period abroad his nationality is lost.
(iv) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
(v) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
9. Difference between nationality and citizenship:
I. As to relation:
Nationality is the relationship between a national and individual.
Citizenship is the relationship between the persons and state law.
II. As to the right:
A person may get international rights by getting the nationality of a state.
The rights of citizenship are concerned with the state law.
III. As to scope:
Nationality has a wider scope.
Citizenship has less scope.
IV. As to law:
Nationality is concerned both with municipal laws and international law.
Citizenship is concerned with municipal law only.
10. Conclusion:
To conclude it can be said that nationality is a legal relationship between the states and its citizens. a person without nationality is stateless. universal declaration of Human Rights 1984 provides that everyone has the right of nationality. there are different modes of acquiring and losing nationality.