Conflict of laws Preliminiaries Characterisation
Renvoi · Choice of law Public policy
Definitional elements Jurisdiction
Forum non conveniens
Lex fori · Forum shopping
Lis alibi pendens
Connecting factors Domicile · Lex domicilii
Nationality · Lex patriae
Lex loci arbitri · Lex situs
Lex loci contractus
Lex loci delicti commissi
Lex loci actus
Lex loci solutionis
Lex loci celebrationis
Choice of law clause
Forum selection clause
Substantive legal areas Status · Capacity · Contract
Tort · Marriage · Nullity
Divorce (Get · Talaq)
Property · Succession
Enforcement Mareva injunctions
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity.
Citizenship is determined by jus soli, jus sanguinis, or naturalization, which affords the state jurisdiction over the person and affords the person the protection of the state. The word citizenship is often used in a different sense from nationality. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. The term national can include both citizens and non-citizens.
Nationality can refer to membership in a nation (collective of people sharing a national identity, usually based on ethnic and cultural ties and self-determination) even if that nation has no state, such as the Basques Really?, Kurds, Tamils and Scots. Individuals may also be considered nationals of groups with autonomous status which have ceded some power to a larger government, such as the federally recognized tribes of Native Americans in the United States. Spanish law recognises the autonomous communities of Andalusia, Aragon, Balearic Islands, Canary Islands, Catalonia, Valencia, Galicia and the Basque Country as "nationalities" (nacionalidades), while in Italy, the German speakers of South Tyrol are considered to be Austrian Nationals.
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." By custom, 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.
Nationality versus citizenship
In some countries, the cognate word for nationality in local language may be understood as a synonym of skin color. To determine citizenship, the nations in these areas of the world follow the principle of jus sanguinis rather than jus soli. But even then these countries would determine one's nationality by their ethnicity, rather than their citizenship.
In several areas of the world, the term nationality can be defined based on ethnicity, as well as cultural and family-based self-determination rather than on relations with a state or current government. For example, there are people who would say that they are Kurds, i.e., of Kurdish nationality, even though no such Kurdish sovereign state exists at least at this time in history. In the context of former Soviet Union and former Yugoslavia, nationality is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost terms used for ethnic groups and local affiliations within those (former) states.
Even today the Russian Federation, as an example, consists of various people whose nationality is other than Russian, but who are considered to be Russian subjects and comply with the laws of the federation. Similarly, the term "nationalities of China" refers to cultural groups in China. Spain is one nation, made out by nationalities, which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation.
- Blood quantum laws
- Imagined communities
- jus soli
- jus sanguinis
- Second-class citizen
- List of nationalities
- White, Philip L. (2006). "Globalization and the Mythology of the Nation State," In A.G.Hopkins, ed. Global History: Interactions Between the Universal and the Local Palgrave Macmillan, pp. 257-284.
- Grossman, Andrew. Gender and National Inclusion
- Trott, Philip D A. Dual Nationality
- White, Philip L. "Globalization and the Mythology of the Nation State," In A.G.Hopkins, ed. Global History: Interactions Between the Universal and the Local Palgrave Macmillan, 2006, pp. 257-284.
- Lord Acton, Nationality (1862)
Articles of the Universal Declaration of Human Rights General principles
Article 1: Freedom, Egalitarianism, Dignity and Brotherhood
Article 2: Universality of rights
International Covenant on Civil and Political Rights
Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage
International Covenant on Economic, Social and Cultural Rights
Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27: Right to science and culture ·
Context, limitations and duties
Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations
Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Category:Human rights · Human rights portalCategories:
- Nationality law
- Conflict of laws
- Human migration
- Legal categories of people
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