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Thread: Define nationality. how is it acquired and lost. (1998)(1999)(2006/S)

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    Word Icon 35px Jpg.ashx Define nationality. how is it acquired and lost. (1998)(1999)(2006/S)

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    1. Introduction:
    Nationality is status of a person who is attached to a state by the tie of allegiance. it is a relationship between a state and individual. the fundamental basis of a nationality of a person is membership of an independent political community. the question of determination of nationality comes within the doctrine of municipal law. the Hague conference (1930) while adopting convention of the conflict of nationality laws left to each state to determine as to "who are its nationals under its own laws".
    2. Meaning:
    The word nationality is derive from the word national which simply means subject of a particular state.
    3. Definition:
    According to Openheim:

    "Nationality of an individual is his quality being a subject of a certain state."
    M. P Tandon:
    "Nationality is the character or quality arising from membership of some particular nation or state which determines the political states and allegiance of a person."
    "Nationality is a relationship between a state and an individual which is such that the former may regard the latter as owing allegiance to itself."
    4. Determination of nationality
    U. S v/s Wong Kum Ark 1898:

    It was held that state may determine as to what type or class of people shall be entitled to citizenship.
    5. Right of nationality:
    According to article 15 (i) of the universal declaration of human rights 1984 i. e every one has rights to a nationality. the hague convention on certain questions relating to the conflict of nationality laws 1930 provides that it is for each state to determine under its municipal law who are its nationals.
    6. Importance of nationality:
    Strak's views

    (i) Protection of rights:
    Protection of rights of the diplomatic agents are in consequences of nationality.
    (ii) Jurisdiction of state:
    State exercises jurisdiction over civil and criminal matters over the persons of its nationality.
    (iii) Practice of state during war:
    During war enemy is determined on the basis of nationality.
    (iv) Refusal to extradite:
    State can refuse to extradite its own nationals.
    (v) Responsibility of state:
    States shall be responsible for harmful acts committed by their nationals if they allow them to commit such a harmful acts.
    7. Modes of acquisition:
    Following are the modes of acquisition of nationality.
    I. By birth:
    The chief mode of acquiring nationality is by birth. a person acquires nationality of the state where he is born.
    (i) Kinds of nationality by birth:
    (a) Jus Soli:
    It is nationality according to territory or locality of birth.
    (b) Jus Sanguinis:
    It is nationality according to the nationality of the parents.
    II. By naturalisation:
    Nationalisation is a process by which a person living in a foreign state acquire a citizenship of that state or it takes place when a person becomes the subject of state to which he was before an alien. there are six way of nationalisation.
    (a) Marriage:
    The wife assumes her husband's nationality, if latter is the national of another state.
    (b) Legitimation:
    A legitimate child acquires the nationality of his father.
    (c) Option:
    If a person fulfils the requisite conditions prescribed by the law of any state, he may be offered nationality by that state.
    (d) Domicile:
    If a person keeps domicile of a state he also gets the nationality of that state.
    (f) Government service:
    If a person gets govt, service in a state he acquires the nationality of that state.
    (i) Permission by state to apply:
    If law of any state permits application from persons for conferring nationality. such person may get nationality if they prove their eligibility.
    III. By resumption:
    It happens when a person resumes his nationality after losing it.
    IV. By subjugation:
    It is a acquired when a state is defeated or conquered and when all citizen acquire nationality of conquering state.
    V. By cessation:
    When a state has been ceded in another state. the people of that territory get nationality of the state in which the territory has been merged.
    VI. By legislative or administrative act:
    Nationality can also be acquired by the legislative or administrative act of the state.
    8. Modes of losing nationality:
    According to oppenhiem nationality can be lost in the following ways.
    (i) Release:
    It is effected by submitting an application by the nationality holder. if the application is allowed he may lose his nationality.
    (ii) Deprivation:
    Some states provide deprivation of nationality in certain circumstances. if a national of a state gets his appointment in another state without seeking prior permission of his state, he will be deprived of the nationality in that state.
    (iii) Residence Abroad for long period:
    If a person resides for a long period in abroad his nationality is lost.
    (iv) Substitution:
    Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
    (v) Substitution:
    Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
    9. Difference between nationality and citizenship:
    I. As to relation:
    Nationality is relationship between national and individual.
    Citizenship is relationship between the persons and state law.
    II. As to right:
    A person may get international rights by getting nationality of a state.
    The rights of citizenship are concerned with the state law.
    III. As to scope:
    Nationality has wider scope.
    Citizenship has less scope.
    IV. As to law:
    Nationality concern both with municipal laws and international law.
    Citizenship concern with municipal law only.
    10. Conclusion:
    To conclude it can be said that nationality is a legal relationship between the states and its citizens. a person without nationality is statelessness. universal declaration of human rights 1984 provides that every one has the right of nationality. there are different modes of acquiring and losing nationality.

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