NATIONALITY is a legal relationship between an individual person and
a state .
By custom and international conventions, it is the right of each
state to determine who its nationals are. Such determinations are
part of nationality law . In some cases, determinations of nationality
are also governed by public international law —for example, by
treaties on statelessness and the
European Convention on Nationality
In English and some other languages, the word _nationality_ is
sometimes used to refer to an ethnic group (a group of people who
share a common ethnic identity, language, culture, descent, history,
and so forth). This meaning of nationality is not defined by political
borders or passport ownership and includes nations that lack an
independent state (such as the Scots , Welsh , English ,
Kurds , Kabyles , Baloch ,
Palestinians , Sindhi ,
Tamils , Hmong ,
Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger government.
* 1 International law
* 2 National law
In international law, nationality is the status or relationship that gives a nation the right to protect a person from other nations. Diplomatic and consular protection are dependent upon this relationship between the person and the state. A person's status as being the national of a country is used to resolve the conflict of laws .
Within the broad limits imposed by few treaties and international law, states may freely define who their nationals are and are not. However, since the _Nottebohm_ case , other states are only required to respect their claim to protect an alleged national if the nationality is based on a true social bond. In the case of dual nationality, states may determine the most effective nationality for a person, to determine which state's laws are most relevant. There are also limits on removing a person's status as a national. Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."
Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because the passport is the travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that grant them passports.
NATIONALITY VERSUS CITIZENSHIP
In the modern era, the concept of full citizenship encompasses not
only active political rights, but full civil rights and social rights
Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and to be elected. This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until the 19th and 20th centuries, it was typical for only a small percentage of people who belonged to a city or state to be full citizens. In the past, most people were excluded from citizenship on the basis of gender, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality.
United States nationality law defines some persons born in U.S.
outlying possessions as U.S. nationals but not citizens . British
nationality law defines six classes of British national, among which
"British citizen" is one class (having the right of abode in the
United Kingdom, along with some "British subjects"). Similarly, in the
Republic of China
NATIONALITY VERSUS ETHNICITY
In the context of former
Similarly, the term _nationalities of China _ refers to ethnic and
cultural groups in China. Spain is one nation, made up of
nationalities , which are not politically recognized as nations
(state), but can be considered smaller nations within the Spanish
nation. Spanish law recognises the autonomous communities of Andalusia
NATIONALITY VERSUS NATIONAL IDENTITY
National identity is a person's subjective sense of belonging to one state or to one nation. A person may be a national of a state, in the sense of having a formal legal relationship with it, without subjectively or emotionally feeling a part of that state. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to the U.S. illegally when quite young and grow up there in ignorance of their immigration status often have a national identity of feeling American, despite legally being nationals of a different country.
Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.
Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming a national of one state required rejecting the previous state.
Dual nationality was considered a problem that caused conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed.
Statelessness is the condition in which an individual has no formal or protective relationship with any state. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. Although this person may have an emotional national identity, he or she may not legally be the national of any state.
Another stateless situation arises when a person holds a travel
document (passport) which recognizes the bearer as having the
nationality of a "state" which is not internationally recognized, has
no entry in the International Organization for Standardization's
country list, is not a member of the United Nations, etc. In the
current era, persons native to
* Blood quantum laws * Demonym * Imagined communities * Intersectionality * _jus sanguinis _ * _jus soli _ * List of adjectival and demonymic forms for countries and nations * Nottebohm (Liechtenstein v. Guatemala) , a 1955 case that is cited for its definitions of nationality * Second-class citizen
* ^ _A_ _B_ _C_ Vonk, Olivier (March 19, 2012). _Dual Nationality
in the European Union: A Study on Changing Norms in Public and Private
International Law and in the Municipal Laws of Four EU Member States_.
Martinus Nijhoff Publishers. pp. 19–20. ISBN 90-04-22720-2 .
* ^ Weis, Paul. _
* White, Philip L. (2006). What is a nationality?, based on
"Globalization and the Mythology of the
* v * t * e
Substantive human rights
Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.
CIVIL AND POLITICAL
Equality before the law
* Freedom from arbitrary arrest and detention
Freedom of assembly
Freedom of association
* Freedom from cruel and unusual punishment
Freedom from discrimination
* Freedom from exile
Freedom of information
Freedom of movement
Freedom of religion
* Freedom from slavery
Freedom of speech
Economic, social and cultural
Equal pay for equal work
* Fair remuneration
Right to an adequate standard of living
Right to clothing
Right to development
Right to education
Right to food
Right to health
Right to housing
Right to Internet access
Right to property
* Right to public participation
Right of reply
Right of return
Right to science and culture
Right to social security
Right to water
Sexual and reproductive
WAR AND CONFLICT
* v * t * e
Groups by region
* Africa * Europe * Oceania
* Arab League * Europe
* Indigenous Oceanian * Europeans in Oceania
* Indigenous * Canada * Mexico * United States * Central America * South America
* Central * East * Northern * South * Southeast * West
Identity and ethnogenesis
* Ethnicity in census
Ideology and ethnic conflict
* NDL : 00566456