Nationality

Nationality

Nationality

Nationality is a legal relationship between an individual person and a state.Nationality affords the state jurisdiction over the person and affords the person the protection of the state. What these rights and duties are varies from state to state.

By custom and international conventions, it is the right of each state to determine who its nationals are.[3] Such determinations are part of nationality law. 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.
Nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun national can include both citizens and non-citizens. 

The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of the state.

International law

International law

Nationality is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject.In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state.

In European law, nationality is the status or relationship that gives a nation the right to protect a person from other nations.[4] Diplomatic and consular protection are dependent upon this relationship between the person and the state.A person's status as being the national of a country is used to resolve the conflict of laws.

Within the broad limits imposed by few treaties and international law, states may freely define who are and are not their nationals.However, since the Nottebohm case, other states are only required to respect claim by a state to protect an alleged national if the nationality is based on a true social bond.In the case of dual nationality, states may determine the most effective nationality for a person, to determine which state's laws are most relevant.[5] There are also limits on removing a person's status as a national.

National law

Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because the passport is the travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that grant them passports.

Nationality versus citizenship

nationality vs citizenship

Conceptually, citizenship is focused on the internal political life of the state and nationality is a matter of international dealings.

In the modern era, the concept of full citizenship encompasses not only active political rights, but full civil rights and social rights.Nationality is a necessary but not sufficient condition to exercise full political rights within a state or other polity.Nationality is required for full citizenship, and some people have no nationality in international law. A person who is denied full citizenship or nationality is commonly called a stateless person.

Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and to be elected.This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until the 19th and 20th centuries, it was typical for only a small percentage of people who belonged to a city or state to be full citizens. In the past, most people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality.

United States nationality law defines some persons born in U.S. outlying possessions as U.S. nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some "British subjects").

 Similarly, in the Republic of China, commonly known as Taiwan, the status of national without household registration applies to people who have Republic of China nationality, but do not have an automatic entitlement to enter or reside in the Taiwan Area, and do not qualify for civic rights and duties there. Under the nationality laws of MexicoColombia, and some other Latin American countries, nationals do not become citizens until they turn 18.

Dual nationality

dual nationality

Dual nationality is when a single person has a formal relationship with two separate, sovereign states.This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.

Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming a national of one state required rejecting the previous state.

Dual nationality was considered a problem that caused conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed.
Contact Us

REMOVE / DELETE RED INTERPOL NOTICE / ALERT ?

REMOVE / DELETE GREEN INTERPOL NOTICE / ALERT ?

………………………………………………………………….

CALL NOW  +3726027333