Everything about Nationality Law totally explained
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.
Common principles
Nationality laws in Continental Europe are mostly 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 couldn't 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 can't transmit their nationality to their children.
(External Link
) Many countries also have provisions stating that native-born children of accredited foreign diplomatic staff/officers don't 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 [includingin 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 (for example
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
Egyptian Nationality Law
Liberian nationality law
Moroccan nationality law
South African nationality law
Americas
Argentine nationality law
Barbados nationality law
Brazilian nationality law
Canadian nationality law
Chilean nationality law
Mexican nationality law
Paraguayan nationality law
Peruvian nationality law
United States nationality law
Asia & the Middle East
Chinese nationality law
Indian nationality law
Israeli nationality law
Japanese nationality law
Kazakhstani nationality law
Malaysian citizenship
Nepal citizenship law
Philippine nationality law
Republic of China nationality law (Taiwan)
Singaporean nationality law
South Korean nationality law
Turkish nationality law
Oceania
Australian nationality law
New Zealand nationality law
Samoan nationality law
Tongan nationality law
Other
Naturalized TRNC citizens in the Turkish Republic of Northern CyprusFurther Information
Get more info on 'Nationality Law'.
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