NATIONALITY LAW
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(Redirected from 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.
Nationality law in Continental is 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. In many Arab states, women married to foreigners cannot transmit their nationality to their children.[1] Many countries also have provisions stating that native-born children of accredited foreign diplomatic staff/officers do not acquire that nationality.
Article 15 of the Universal Declaration of Human Rights states:
:# Everyone has the right to a nationality.
:# 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).
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
★ Liberian nationality law
★ Moroccan nationality law
★ South African nationality law
★ Barbados nationality law
★ Brazilian nationality law
★ Canadian nationality law
★ Peruvian nationality law
★ United States nationality law
★ Australian nationality law
★ Chinese nationality law
★ Indian nationality law
★ Israeli nationality law
★ Japanese nationality law
★ Malaysian citizenship
★ Nepal citizenship law
★ New Zealand nationality law
★ Philippine nationality law
★ Republic of China‎ nationality law (Taiwan)
★ Singaporean nationality law
★ South Korean nationality law
★ Turkish nationality law
★ Naturalized TRNC citizens in the Turkish Republic of Northern Cyprus
★ Citizenship
★ ''Jus soli''
★ ''Jus sanguinis''
★ Multiple citizenship
★ Nationality
★ Passport
★ Second-class citizen
'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.
| Contents |
| Common principles |
| Nationality issues in post-colonial context |
| Examples of nationality law (Citizenship) in specific countries |
| Europe |
| Africa |
| Americas |
| Asia & Oceania |
| Other |
| See also |
Common principles
Nationality law in Continental is 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. In many Arab states, women married to foreigners cannot transmit their nationality to their children.[1] Many countries also have provisions stating that native-born children of accredited foreign diplomatic staff/officers do not acquire that nationality.
Article 15 of the Universal Declaration of Human Rights states:
:# Everyone has the right to a nationality.
:# 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).
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
Examples of nationality law (Citizenship) in specific countries
Europe
Africa
★ Liberian nationality law
★ Moroccan nationality law
★ South African nationality law
Americas
★ Barbados nationality law
★ Brazilian nationality law
★ Canadian nationality law
★ Peruvian nationality law
★ United States nationality law
Asia & Oceania
★ Australian nationality law
★ Chinese nationality law
★ Indian nationality law
★ Israeli nationality law
★ Japanese nationality law
★ Malaysian citizenship
★ Nepal citizenship law
★ New Zealand nationality law
★ Philippine nationality law
★ Republic of China‎ nationality law (Taiwan)
★ Singaporean nationality law
★ South Korean nationality law
★ Turkish nationality law
Other
★ Naturalized TRNC citizens in the Turkish Republic of Northern Cyprus
See also
★ Citizenship
★ ''Jus soli''
★ ''Jus sanguinis''
★ Multiple citizenship
★ Nationality
★ Passport
★ Second-class citizen
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psst.. try this: add to faves
