Meaning of Nationality, Modes of Acquisition , Citizenship & Its Loss- Human Right Law- INTERNATIONAL LAW

Synopsis

• Introduction
• Meaning
• Modes of Acquisition of Nationality
• Difference between Nationality and Citizenship
• Modes of Loss of Nationality
• Conclusion

Introduction

The people who belong to a particular nation owe faithfulness to that State. Such individuals who owe permanent faithfulness to a nation are known as nationals of that State. Thus, Nationality can be defined as “a person’s status who owe allegiance (loyalty) to a state.”

The concept of Nationality implies that there is a legal relation between individuals and the State and through it, an individual enjoys the benefits of International Law. The states are empowered to exercise jurisdictions over its nationals whether travelling or residing abroad, all stay under state’s supremacy.

Meaning

Prof. Oppenheim defines Nationality as “a quality of a person, him being a subject of state.” A person’s nationality is determined according to the rules of Municipal Law. In Nottebohn Case, the International Court of Justice defined Nationality as a legal bond between a state and an individual where there exists attachment, connection of existence, sentiments, interests, and reciprocal rights and duties. It may additionally be said to constitute the juridical expression of the reality that the character upon whom it is conferred, both immediately by the regulation or as a result of an act of authorities is in fact extra closely connected with the population of the State conferring nationality than with that of any different state.

Modes of Acquisition of Nationality

An individual can also acquire the nationality of a state in accordance with the rules of Municipal Law. It implies that Municipal Law determines as to who may additionally be a national of a specific state. Modes of acquisition of nationality consequently are no longer uniform.

The modes of acquiring nationality of a state are as follows:

Birth: Many states confer Nationality to a man or woman on the groundwork of birth. The persons who take birth inside territorial limit of a country becomes entitled to nationality of that state. This principle is referred to as jus soli. United Kingdom, United States and many different states follow the precept of jus soli. In India, nationality is conferred on the basis of birth under Section 3 of Indian Citizenship Act, 1955.

Descent: An individual can obtain nationality of a State with the aid of an individual on the groundwork of nationality of either parents. Thus a baby can also turn out to be a national of that State of which his dad and mom are nationals. This principle is acknowledged as jus sanguinis and have been acquired by Germany and France for conferring Nationality. United Kingdom and United States recognizes this principle as well along with the principle of jus soli. In India, an individual can be an Indian National on the basis of principle of jus soli under Section 4 of the Indian Citizenship Act, 1955.

Naturalization: Nationality of a person can be changed after birth of a person and acquiring of nationality of other state is known as acquisition of nationality through naturalization. Examples of Naturalization are Marriage, legitimation, domicile acquisition, appointment as Government official, and grant of application and Adoption of children by parents who are nationals of other states. In India, nationality is conferred through Naturalization under Section 6 of Indian Citizenship Act, 1955.

• Resumption: If a person loses his nationality due to some reasons, he can resume it after fulfillment of conditions provided under Section 20 of Citizenship Rules, 1956, which provides for procedure of restoration of nationality.

Subjugation: If a territory becomes part of India, people of such territory acquire citizenship as per Section 7 of Indian Citizenship Act, 1955.

• Cession: If a state is being ceded territory of another state, all the nationals of latter state acquire nationality of former state.

• Option: The nationals of a state which is partitioned into two or more states have an option to become nationals of any of the successor states. This principle is also applicable when the territories are exchanged.

• Registration: Nationality can also be acquired through registration. The process may differ from one state to other in accordance to laws of the respective States. Indian Citizenship Act, 1955 under Section 5 provides for the categories of individuals who can acquire Indian citizenship through the process of registration.

Modes of Loss of Nationality-

• Release: Laws of some states provide that citizens can lose nationality through release. An application for loss of nationality is required to be submitted. On acceptance of such application, the individual loses nationality of the concerned state.

• Deprivation: If a national of a state obtains employment in another state without obtaining permission of the state to which he belongs, he may be deprived of nationality in accordance with the laws of that state.

• Long Residence Abroad: The Law of many States provides for loss of nationality if an individual is residing abroad since long period.

• Renunciation: A person can also renounce the nationality of a state if he has acquired nationality of more than one state. In such cases, he has to decide whether he will remain a national or not. After making such decision, he can either renounce the nationality or decide to be a national.

• Substitution: According to principle of substitution, an individual can get nationality of a state in substitution of nationality of the other state. In substitution, a person loses nationality of one state and replaces it with other state’s nationality.

Conclusion

Nationality is a quality of a person which tells about his belongingness to a particular state. It is determined by the rules of Municipal Law. It is a legal bond between a state and an individual where there exists attachment, connection of existence, sentiments, interests, and reciprocal rights and duties and a medium through which an individual is entitled to seek benefits under International Law. The modes of acquiring nationality and modes of losing nationality differ from state to state in accordance to the laws of particular states.