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  • Cited by 1
  • Print publication year: 2012
  • Online publication date: November 2012

4 - Nationality and statelessness

Summary

PRINCIPLES OF NATIONALITY

The concept of nationality

Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad.

Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.

1939
International Law Commission 2006
1955
2007
1974
1968
Hendry, IanDickson, SusanBritish Overseas Territories LawHart 2011 151
1992
1993
1923
1937
Harvard Law SchoolDraft Convention on Nationality 1929 23
1962
1994
1999
1958
1948
Schuck, PeterSmith, RogersCitizenship Without Consent: Illegal Aliens in the American PolityYale University Press 1985
Weil, PatrickAccess to Citizenship: A Comparison of Twenty-Five Nationality LawsAleinikoff, AlexanderKlusmeyer, DouglasCitizenship Today: Global Perspectives and PracticesCarnegie Endowment for International Peace 2001 17
1975
1937
1961
1967
1981
2011
2000
2009
2004
1910
1937
1958
2000
1995
1969
1976
1960
1954
1958
Farzana, KaziThe Neglected Stateless Bihari Community in Bangladesh: Victims of Political and Diplomatic Onslaught 2008 2 Journal of Humanities and Social Sciences1
Weissbrodt, DavidThe Human Rights of Non-CitizensOxford University Press 2008 97
Richter, ChristopherStatelessness in Australian Refugee Law: The (Renewed) Case for Complementary Protection 2005 24 University of Queensland Law Journal554
1960
1954
Batchelor, CarolStateless Persons: Some Gaps in International Protection 1995 7 International Journal of Refugee Law232
1967
1976
1976
Batchelor, CarolStatelessness and the Problem of Resolving Nationality Status 1998 10 International Journal of Refugee Law156
Arendt, HannahThe Origins of TotalitarianismAllen and Unwin 1958 296
1990
2003
1975
1978
1999
2000
2005
1974
Aleinikoff, AlexanderKlusmeyer, DouglasPlural Nationality: Facing the Future in a Migratory WorldAleinikoff, AlexanderKlusmeyer, DouglasCitizenship Today: Global Perspectives and PracticesCarnegie Endowment for International Peace 2001 63
1937
1955
1920
Quigley, JohnBaltic Russians: Entitled Inhabitants or Unlawful SettlersClark, RogerFeldbrugge, FerdinandPomorski, StanislawInternational and National Law in Russia and Eastern EuropeKluwer 2001 319
2005
Muchmore, AdamPassports and Nationality in International Law 2004 10 University of California Davis Journal of International Law and Policy301
Rolin-Jacquemyns, GustaveRight of Expulsion of Foreigners 1888 20 Revue de Droit International498
Key references
Bhabha, JacquelineChildren without a State: A Global Human Rights ChallengeMassachusetts Institute of Technology 2011
Blitz, BradLynch, MaureenStatelessness and Citizenship: A Comparative Study on the Benefits of NationalityEdward Elgar 2011
Boll, AlfredMultiple Nationality and International LawMartinus Nijhoff 2007
Donner, RuthThe Regulation of Nationality in International LawTransnational 1994
International Law CommissionDraft Articles on Diplomatic ProtectionUnited Nations 2006
International Law CommissionDraft Articles on Nationality of Natural Persons in Relation to the Succession of StatesYearbook of the International Law Commission, United Nations 1999
Spiro, PeterBeyond Citizenship: American Identity after GlobalizationOxford University Press 2008
Torpey, JohnThe Invention of the Passport: Surveillance, Citizenship and the StateCambridge University Press 2000
United Nations High Commissioner for RefugeesUNHCR Action to Address Statelessness: A Strategy Note 2010 22 International Journal of Refugee Law297
Van Waas, LauraNationality Matters: Statelessness under International LawIntersentia 2008
Weis, PaulNationality and Statelessness in International LawSijthoff and Noordhoff 1979
Weissbrodt, DavidCollins, ClayThe Human Rights of Stateless Persons 2006 28 Human Rights Quarterly245