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Encyclopedia > Nationality law

Nationality law is the branch of a country's legal system wherein legislation, custom and court precedent combine to define the ways in which that country's nationality and citizenship are transmitted, acquired or lost. Nationality law is often discussed or studied along with immigration law (for those immigrant-receiving countries such as the United States, Canada, Australia and New Zealand) and with refugee or asylum law. In English usage, nationality is the legal relationship between a person and a country. ... Citizenship is membership in a political community (originally a city but now usually a country) and carries with it rights to political participation; a person having such membership is a citizen. ... Power lines leading to a trash dump hover just overhead in El Carpio, a Nicaraguan refugee camp in Costa Rica Under international law, a refugee is a person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her...

Contents

Common principles

Nationality law in Continental Europe tends to be based upon the Napoleonic Code which established that for purposes of nationality, that of the father was primary. For many years, therefore, in Europe and in former European colonies, women could not transmit their nationality to their children born in wedlock (those children born outside of marriage could often acquire their mother's nationality as there were provisions so that no child would be stateless). Many of these laws have since been changed, with the Arab states being an exception. There, women cannot transmit their nationality to their children; instead children receive the nationality of their fathers, such as in Algeria[1] and Morocco.[2] Many countries also have provisions stating that native-born children of accredited foreign diplomatic staff/officers do not acquire that nationality. First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ... A stateless person is someone with no citizenship or nationality. ... It has been suggested that this article or section be merged into Arab world. ...


Article 15 of the Universal Declaration of Human Rights states: The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948 at Palais de Chaillot, Paris), outlining the organizations view on the human rights guaranteed to all people. ...

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Today, nationality law is based either on jus soli or jus sanguinis, or on a combination of the two. Jus soli is the principle in which a child born in a country's territorial jurisdiction acquires that country's nationality (Ex: United States, Canada, Argentina, Brazil, Mexico, France [including in its overseas dependencies]). In jus sanguinis, either the father or mother must normally be a citizen of the country in question in order for the child to be a citizen (e.g. Israel, Switzerland). Jus soli (Latin for right of the territory), or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. ... 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. ... The French Overseas Departments and Territories (often abbreviated DOM-TOM for départements doutre-mer, territoires doutre-mer) consist broadly of French-administered or -claimed territories outside of Europe. ...


Nationality issues in post-colonial context

Often in post-colonial situations, sorting out the nationalities of settlers, colonists and subjects was difficult and often a highly politically-charged process, particularly in the United Kingdom and in so-called settler colonies of Africa, such as South Africa, Rhodesia (now called Zimbabwe), Uganda and Hong Kong. For example see History of British nationality law National motto: Sit Nomine Digna (Latin: May she be worthy of the name) Official language English Capital Salisbury Political system Parliamentary system Form of government Constitutional monarchy (until 1970) Republic (March 2, 1970) - Last President John Wrathall - Prime Minister Ian Smith Area  - Total  - % water 390 580 km² 1% Population  - 1978... This article concerns the History of British nationality law. ...


Examples of nationality law (Citizenship) in specific countries

Europe

EUROPEAN UNION (1) EUROPEAN UNION (2) EUROPEAN UNION (3)
NON EUROPEAN UNION NON EUROPEAN UNION
  • Liechtenstein Liechtenstein nationality law
  • Andorra Andorran nationality law
NON EUROPEAN UNION
  • Monegasque nationality law
  • Sammarinese nationality law

Image File history File links Flag_of_Austria. ... Austrian citizenship is based primarily on the principle of Jus sanguinis. ... Image File history File links Flag_of_Belgium_(civil). ... Belgian citizenship is based on a mixture the principles of Jus sanguinis and Jus soli. ... Image File history File links Flag_of_the_United_Kingdom. ... British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. ... Image File history File links Flag_of_Bulgaria_(bordered). ... Image File history File links Flag_of_the_Czech_Republic_(bordered). ... The cover of a Czech passport The Czech Republic citizenship law is generally based on the principles of Jus sanguinis. ... Image File history File links Flag_of_Cyprus_(bordered). ... Image File history File links Flag_of_Denmark. ... Image File history File links Flag_of_the_Netherlands. ... Dutch citizenship is based primarily on the principle of Jus sanguinis. ... Image File history File links Flag_of_Estonia_(bordered). ... Image File history File links Flag_of_Finland_(bordered). ... Citizenship in Finland can be obtained on the basis of birth, marriage of parents, adoption, or the place of birth. ... Image File history File links Flag_of_France. ... It has been suggested that French citizenship and identity be merged into this article or section. ... Image File history File links Flag_of_Germany. ... German citizenship is based primarily on the principle of Jus sanguinis. ... Image File history File links Flag_of_Greece. ... Greek nationality law is based on a mixture of the principles of Jus sanguinis and Jus Soli. ... Image File history File links Flag_of_Hungary. ... Hungarian nationality law is based on the principles of Jus sanguinis. ... Image File history File links Flag_of_Ireland_(bordered). ... Irish nationality law is the law of the Republic of Ireland governing citizenship. ... Image File history File links Flag_of_Italy. ... Cover of an Italian Biometric passport issued in 2006 Inside cover of an Italian Biometric passport issued in 2006 Italian nationality law, like that of many European countries, favors jus sanguinis. ... Image File history File links Flag_of_Latvia. ... Image File history File links Flag_of_Lithuania. ... Image File history File links Flag_of_Luxembourg. ... Image File history File links Flag_of_Malta_(bordered). ... Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law. ... Image File history File links Flag_of_Poland_(bordered). ... Polish nationality law is based upon the principles of Jus sanguinis. ... Image File history File links Flag_of_Portugal. ... Portuguese citizenship is acquired mainly through descent from a Portuguese parent, naturalisation in Portugal or marriage to a Portuguese citizen. ... Image File history File links Flag_of_Romania. ... Image File history File links Flag_of_Slovakia_(bordered). ... Slovak nationality law is based on the principles of Jus sanguinis. ... Image File history File links Flag_of_Slovenia_(bordered). ... Slovenian nationality law is based primarily on the principles of Jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. ... Image File history File links Flag_of_Spain. ... Image File history File links Flag_of_Sweden. ... Swedish nationality law determines entitlement to Swedish citizenship. ... Image File history File links Flag_of_Iceland. ... Icelandic nationality law is based upon the principles of Jus sanguinis. ... Image File history File links Flag_of_Norway. ... Flag of Norway Coat of arms of Norway Norwegian nationality law is based on the principle of Jus sanguinis. ... Image File history File links Flag_of_Switzerland. ... Swiss citizenship is the status of being a citizen of Switzerland and it can be obtained by birth, marriage or naturalisation. ... Image File history File links Flag_of_Liechtenstein. ... Image File history File links Flag_of_Andorra. ... Image File history File links Flag_of_Monaco_(bordered). ... Image File history File links Flag_of_San_Marino_(bordered). ...

Africa

Image File history File links Flag_of_Liberia. ... The Republic of Liberia was founded by free American slaves of African origin who formed the American Colonization Society and returned to establish a republic on African soil. ... Image File history File links Flag_of_South_Africa. ... South Africa rewrote its nationality law since the end of apartheid in 1994 and the establishment of majority (i. ...

America

Image File history File links Flag_of_Argentina. ... Image File history File links Flag_of_Barbados. ... Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. ... Image File history File links Flag_of_Brazil. ... Brazilian nationality law is based on the principle of Jus soli. ... Image File history File links Flag_of_Canada. ... Canadian citizenship is obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian citizen, or can be granted to a permanent resident who lives in Canada for three out of four years before applying for... Image File history File links Flag_of_Peru. ... According to the Peruvian Constitution and nationality legislation passed in 1996 as well as an executive order declared in 1997, Peruvian nationality can be passed by birth via jus soli or by registration if born overseas and duly registered at a Peruvian embassy or consulate before the child reaches 18... Image File history File links Flag_of_the_United_States. ... The United States flag The Great Seal of the United States The Immigration and Naturalization Act sets forth the legal requirements for acquiring and losing citizenship of the United States. ...

Asia & Oceania

Image File history File links Flag_of_Australia. ... Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). ... Image File history File links Flag_of_the_Peoples_Republic_of_China. ... Nationality Law of the Peoples Republic of China This law is applicable to the acquisition, loss and restoration of nationality of the Peoples Republic of China. ... Image File history File links Flag_of_India. ... To meet Wikipedias quality standards, this article may require cleanup. ... Image File history File links Flag_of_Israel_(bordered). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Image File history File links Flag_of_Japan_(bordered). ... Japanese nationality is generally governed by the Nationality Law of 1950. ... Image File history File links Flag_of_Nepal. ... The Constitution of the Kingdom of Nepal regulates provisions for Nepali citizenship in Articles 8, 9 and 10. ... Image File history File links Flag_of_New_Zealand. ... New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. ... Image File history File links Flag_of_the_Philippines. ... Philippine nationality law is currently based upon the principles of Jus sanguinis. ... Image File history File links Flag_of_South_Korea_(bordered). ... This article or section does not cite its references or sources. ...

Other

Image File history File links Flag_of_Belarus. ... Please wikify (format) this article or section as suggested in the Guide to layout and the Manual of Style. ... Image File history File links European_flag. ... Citizenship of the Union was introduced by the Maastricht Treaty signed in 1992. ... Image File history File links Flag_of_Malaysia. ... To become a Citizen of Malaysia, a person must meet the requirements of the Malaysia Citizenship Rules 1964. ... Image File history File links Flag_of_the_Turkish_Republic_of_Northern_Cyprus. ... Naturalized TRNC Citizens are persons granted TRNC Citizenship by the Government of the Turkish Republic of Northern Cyprus. ... Anthem: Ä°stiklâl Marşı  (Turkish) Independence March Capital LefkoÅŸa (Nicosia) Turkish Government Representative democratic republic[1]  - President Mehmet Ali Talat  - Prime Minister Ferdi Sabit Soyer Sovereignty from Republic of Cyprus (de facto)   - Proclaimed November 15, 1983   - Recognition Only by Turkey and OIC  Area  - Total 3,355 km² (not ranked... Image File history File links Flag_of_Serbia_(state)_(bordered). ... To meet Wikipedias quality standards and make it more accessible to a general audience, this article may require cleanup. ...

See also


  Results from FactBites:
 
Of the Law of Nations (1619 words)
The law of nations is a law of sovereigns.
When I say that, in free states, the law of nations is the law of the people; I mean not that it is a law made by the people, or by virtue of their delegated authority; as, in free states, all municipal laws are.
Now that we have seen the law of nature as it respects the duties of individuals, let us see the law of nations as it respects the duties of states, to themselves: for we must recollect that the law of nations is only the law of nature judiciously applied to the conduct of states.
  More results at FactBites »

 
 

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