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Nationality

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Nationality is the legal status of belonging to a specific nation. A nation is a group of people organized under one country or one legal jurisdiction. People may also be united by common culture, history, or traditions. In international law, nationality identifies a person as a subject of a sovereign state. This status allows a state to exercise jurisdiction over that person. It also allows the state to protect that person from other states.

201812 Immigration Inspection directory Sign at PVG
201812 Immigration Inspection directory Sign at PVG

Nationality is technically different from citizenship. Citizenship refers to a person's relationship with a country's internal political life. The most common difference is that citizens have the right to vote or run for election. While most modern citizens are also nationals, the term "national" can include people who are not citizens. In many modern countries, the two terms are used almost interchangeably. However, legal experts maintain a distinction between these two dimensions of state membership.

There are several ways a person can acquire nationality. One method is jus soli, which means nationality by birth. This is based on the place where a person is born. This concept originated in England and is common in common law countries. Most countries in the Americas grant unconditional jus soli citizenship. Another method is jus sanguinis, or nationality by family. This means a person has a right to nationality if their parents are citizens.

Russian birth certificate of Michael Lucas
Russian birth certificate of Michael Lucas

Rules for jus sanguinis vary significantly between different nations. Some countries, like the United Kingdom or Canada, limit citizenship by descent to a few generations. Others, such as Germany or Switzerland, require new generations to register with a foreign mission by a certain deadline. Italy is an example of a country with no limit on the number of generations born abroad. Some countries also use jus matrimonii, which is nationality through marriage. Many nations allow for faster naturalization if a person marries a citizen.

Women conferring nationality
Women conferring nationality

Naturalization is the general process of acquiring a new nationality. This usually happens after a person has lived in a country legally for a set period. A person might also gain nationality through political asylum. Many states require naturalized citizens to meet specific conditions. These might include passing a language test or demonstrating knowledge of the local way of life. Some countries also require applicants to show good moral character. They may also have to vow allegiance to the new state and renounce their old one.

Some people obtain nationality through economic means. This is often called nationality by investment. Wealthy individuals can invest in property, businesses, or government bonds to gain a passport. These schemes are often controversial. The costs for these programs vary greatly. They can range from $100,000 to as much as €2.5 million. Additionally, some countries allow for dual nationality. This means a person can belong to two different countries at the same time. Other states insist on exclusive allegiance to only one nation.

A serious issue in international law is statelessness. A stateless person is someone not considered a national by any state under its laws. Around 10 million people are currently stateless. Article 15 of the Universal Declaration of Human Rights states that everyone has the right to a nationality. It also says no one should be arbitrarily deprived of it. Currently, only 23 countries have dedicated procedures to help determine statelessness. These procedures often face problems with accessibility and functionality for those in need.

Nationality serves as a vital link in the global system of laws. It is used to resolve conflicts of laws between different nations. In European law, it provides the basis for diplomatic and consular protection. This means a nation can protect its nationals when they are in other countries. While states have the right to determine their own nationals, there are limits. Following the Nottebohm case, other states must respect a claim of nationality if it is based on a true social bond. This ensures that the legal status reflects a real connection to a community.

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File:201812 Immigration Inspection directory Sign at PVG.jpg
201812 Immigration Inspection directory...
File:Russian birth certificate of Michael Lucas.JPG
Russian birth certificate of Michael Lucas.JPG
File:Women conferring nationality.png
Women conferring nationality.png
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