Nationality

Nationality

Introduction to Nationality

Nationality, in law, condition or status of belonging to, or having legal identity with, a nation or state. In various political systems a distinction is made between nationality and citizenship; the latter represents a higher political status, usually involving rights to full participation in governmental affairs. Nationals were classed as citizens and noncitizens in ancient Greece and Rome, with citizens often forming a minority of the population; this distinction still prevails in some countries. Although the term national is not used in the U.S. Constitution, the law recognizes as nationals of the U.S. all citizens and certain groups of noncitizens who owe permanent allegiance to the U.S. The latter group includes persons born in an outlying U.S. possession, such as American Samoa. See Citizen; Naturalization.” (1)

Nationality in the CEDAW

Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) stipulates, in relation to Nationality, that all countries are required to ensure that women have equal rights with men regarding nationality, and the nationality of their children. CEDAW underlines in particular that a woman’s nationality should not be determined by the nationality of her husband.

A “Sujet Mixte”: International Incident

In the book “International Incidents for Discussion in Conversation Classes”, in relation to this subject, L. Oppenheim wrote in 1909: Felix Brown was born in London of German parents in 1875. He was brought up in English schools and considered himself an Englishman, although he knew that he was of German parentage and frequently went to Germany to see his grandparents. In 1900 he was a passenger on an English vessel destined for Riga. This vessel called on her way at Stettin. While in that harbour the German police boarded the vessel and arrested Brown for having evaded military service in Germany. Brown telegraphed to the English ambassador in Berlin and asked for his intervention.

Nationality and Citizenship

In relation to the international law practice and nationality and citizenship in this world legal Encyclopedia, please see the following section:

Nationality, Citizenship, Immigration

About this subject:

Passports as Proof of Citizenship

Notes: a popular issue is the Nationality and Citizenship difference, and there is detailed information and resources under these topics during the year 2013, covered by this entry on nationality and citizenship in this law Encyclopedia.

Nationality

Embracing mainstream international law, this section on nationality explores the context, history and effect of the area of the law covered here.

Nationality in Private International Law

This section contain conflict of laws information and cross references related to nationality on some major countries and additional jurisdictions. It covers key issues involved when citizens face international situations. Information on private international law cases and courts related to nationality is provided here. Details on private international law books are available here.

ILC Draft Articles on Nationality

In relation to the international law practice and ILC Draft Articles on Nationality in this world legal Encyclopedia, please see the following section:

International Human Rights

Nationality

Resources

See Also

  • Civil Liberty
  • Civil Right
  • Legal Right
  • Citizen Freedom
  • Political Liberty
  • Constitutional Right
  • Political Right
  • Freedom of Speech

Resources

See Also

  • Naturalization

Resources

See Also

Further Reading

  • Heinz-Peter Mansel, “Nationality”, Encyclopedia of Private International Law, Edward Elgar, 2017

Resources

Further Reading

  • The entry “nationality” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes and References

Guide to Nationality

The Legal History of Nationality in English Common Law

This section provides an overview of Nationality in English Common Law

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading

Hierarchical Display of Nationality

Law > International law > Private international law
Law > Civil law > Ownership > Transfer of property
Social Questions > Family > Family law > Descendant
Social Questions > Family > Family law > Marriage

Nationality

Concept of Nationality

See the dictionary definition of Nationality.

Characteristics of Nationality

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Resources

Translation of Nationality

Thesaurus of Nationality

Law > International law > Private international law > Nationality
Law > Civil law > Ownership > Transfer of property > Nationality
Social Questions > Family > Family law > Descendant > Nationality
Social Questions > Family > Family law > Marriage > Nationality

See also

  • Acquisition of nationality
  • Loss of nationality
  • Citizenship

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