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Encyclopedia > Nationality
Conflict of Laws
Preliminary matters
Characterisation  · Incidental question
Renvoi  · Choice of law
Conflict of Laws in the U.S.
Public policy  · Hague Conference
Definitional elements
State  · Jurisdiction  · Procedure
Forum non conveniens  · Lex causae
Lex fori  · Forum shopping
Lis alibi pendens
Connecting factors
Domicile  · Lex domicilii
Habitual residence
Nationality  · Lex patriae
Lex loci arbitri  · Lex situs
Lex loci contractus
Lex loci delicti commissi
Lex loci solutionis  · Proper law
Lex loci celebrationis
Choice of law clause
Forum selection clause
Substantive legal areas
Status  · Capacity  · Contract  · Tort
Marriage  · Nullity  · Divorce
Get divorce  · Talaq divorce
Property  · Succession
Trusts
Enforcement
Enforcement of foreign judgments

In English usage, nationality is the legal relationship between a person and a country. Where the country only has one legal system, the law matches the common perception, but where the country is divided into separate states, different rules apply. In the common law, upon birth, every person acquires a domicile. This is the relationship between a person and a specific legal system. Hence, one might have an Australian nationality and a domicile in New South Wales, or an American nationality and a domicile in Arizona. The person remains subject to the state's jurisdiction (the lex domicilii in Conflict of Laws) for the purposes of defining status and capacity wherever he or she might travel outside the state's territory; in exchange, the individual is entitled to the state's protection, and to other rights as well. This is an aspect of the public policy of parens patriae and derives from the social contract. In the civil law systems of continental Europe, either the law of nationality (known as the lex patriae) or the law of the place of habitual residence is preferred to domicile as the test of a person's status and capacity. Image File history File links Scale_of_justice. ... Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ... In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ... In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ... Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ... The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... The Hague Conference on Private International Law is the preeminent organisation in the area of private international law. ... For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ... Forum non conveniens is Latin for inconvenient forum or inappropriate forum. ... The lex causae is the Latin term for law of the case in the Conflict of Laws. ... Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ... In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ... The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ... The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ... The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ... The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ... The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ... The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ... The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ... A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ... A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ... The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ... In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ... In Conflict of Laws, the choice of law rule for tort is the proper law. ... In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ... In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ... In modern society, the role of marriage and its termination through divorce have become political issues. ... For the religious process, see Get (divorce document) A get or gett (גט) is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din (בית דין), a rabbinical court. ... In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ... In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ... In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ... In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ... In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ... The English language is a West Germanic language that originates in England. ... Look up country in Wiktionary, the free dictionary. ... For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ... Emblems: Floral - Waratah (Telopea Speciosissima); Bird - Kookaburra (Dacelo Gigas); Animal - Platypus (Ornithorhynchus Anatinus); Fish - Blue Groper (Achoerodus Viridis) Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Slogan or Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Governor Premier Const. ... Official language(s) None Capital Phoenix Largest city Phoenix Area  - Total   - Width   - Length    - % water  - Latitude  - Longitude Ranked 6th 113,998 sq mi  295,254 km² 310 miles  500 km 400 miles  645 km 0. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ... Private international law comprises provisions of national law regarding contracts and lawsuits involving foreign laws or jurisdictions. ... The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... Parens patriae is Latin for parent of the fatherland or parent of the homeland. ... Social contract theory (or contractarianism) is a concept used in philosophy, political science and sociology to denote an implicit agreement within a state regarding the rights and responsibilities of the state and its citizens, or more generally a similar concord between a group and its members, or between individuals. ... Civil law is a codified system of law that sets out a comprehensive system of rules that suck are applied and interpreted by judges. ... Europe is conventionally considered one of the seven continents of Earth which, in this case, is more a cultural and political distinction than a physiographic one, leading to some dispute as to Europes actual borders. ... The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which... In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...


The nationals of a country generally possess the right of abode in the territory of the country whose nationality they hold, though there are some exceptions (e.g., British Nationality Law). The right of abode refers to an individuals freedom from immigration control in a particular country. ... The United Kingdom is said to have extremely complex nationality laws because of its former status as an imperial power. ...


Nationality must be distinguished from citizenship: citizens have rights to participate in the political life of the state of which they are a citizen, such as by voting or standing for election; while nationals need not have these rights, though normally they do. This article or section is in need of attention from an expert on the subject. ... Politics, sometimes defined as the art and science of government. ... An election is a decision making process whereby people vote for preferred political candidates or parties to act as representatives in government. ...


Traditionally under international law and the Conflict of Laws, it was the right of each state to determine who its nationals are. However, today the law of nationality is increasingly coming under regulation, e.g., by the various conventions on statelessness, and the European Convention on Nationality. International law, is the body of law that regulates the activities of entities possessing international personality. Traditionally, that meant the conduct and relationships of states. ... The European Convention on Nationality (E.T.S. No. ...


Nationality can generally be acquired by jus soli, jus sanguinis or naturalisation. Jus soli - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ... -1...


Some countries do not permit dual nationality while others only allow a very limited form of dual citizenship (e.g. Indian nationality law, South African nationality law). A person who is not a national of any state is referred to as a stateless person. Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ... South Africa rewrote its nationality law since the end of apartheid in 1994 and the establishment of majority (i. ... A stateless person is someone with no state or nationality, sometimes because the state that gave their previous nationality has ceased to exist and there is no successor state. ...


The nationality of a legal person (e.g., a corporation) is generally the state under whose laws the legal person is registered. A corporation is a legal person that exists quite separately from the natural persons who work with and for it. ...


Alternative usage

In several non-English speaking areas of the world, the cognate word for nationality in local language may be understood as a synonym of ethnicity, as nation can be defined as a grouping based on cultural self-determination rather than on relations with a state. For example, many people would say they are Kurds, i.e., of Kurdish nationality, even though Kurdistan is not a state. In the context of former Soviet Union and former Yugoslavia, nationality is often used as translation of the Russian and Serbian terms (nacional'nost', narodnost) used for ethnic groups within those (former) states. Similarly, the term "nationalities of China" refers to ethnic groups in China. This article or section does not cite its references or sources. ... This article or section should be merged with ethnic group Ethnicity is the cultural characteristics that connect a particular group or groups of people to each other. ... One of the most influential doctrines in history is that all humans are divided into groups called nations. ... Kurds are one of the Iranian peoples and speak Kurdish, a north-Western Iranian language related to Persian. ... Kurdistan (literally meaning the land of Kurds)[1] is the name of a geographic region and a cultural region in Middle East inhabited predominantly by Kurds. ... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ... The Socialist Federal Republic of Yugoslavia was a Balkan state that existed from 1945 to 1992. ... The Serbian language is one of the standard versions of the Štokavian dialect (former standard was known as Serbo-Croatian language). ... The Peoples Republic of China officially describes itself as a multi-ethnic unitary state and as such officially recognizes 56 nationalities or mínzú (民族), within China: the Han being the majority (>92%), and the remaining 55 nationalities being the national minorities. ...


External links

  • Grossman, Andrew. Gender and National Inclusion [1]
  • Trott, Philip D A. Dual Nationality [2]

See also


  Results from FactBites:
 
Nationalism (2058 words)
Nationalism is the doctrine or practice of promoting the collective interests of the national community or STATE above those of individuals, regions, special interests or other nations.
Nationalism does not necessarily have a particular ideological slant, but varies from right to left on the political spectrum; its flavour and content depend upon the historical circumstances.
A select committee of the Ontario legislature on economic and cultural nationalism, a national commission on Canadian Studies at the university level led by T.H.B. Symons, and various commissions on national identity in the media were active in the early 1970s.
nationalism. The Columbia Encyclopedia, Sixth Edition. 2001-05 (1284 words)
Nationalism is basically a collective state of mind or consciousness in which people believe their primary duty and loyalty is to the nation-state.
Nationalism is a comparatively recent phenomenon, probably born with the French Revolution, but despite its short history, it has been extremely important in forming the bonds that hold modern nations together.
It was exactly this latter type of nationalism, however, that arose in Nazi Germany, preaching the superiority of the so-called Aryan race and the need for the extermination of the Jews and the enslavement of Slavic peoples in their “living space” (see National Socialism).
  More results at FactBites »

 
 

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