Prof. Salman Kazmi LL.

M (London) International Law

Nationality
2012 1. Introduction
Nationality is a continuing legal relationship between the sovereign state and the citizens. Nationality is the status of belonging to a state of certain purpose of International law. Nationality is an essential element of state Nationality is a bridge in between the sovereign state and the citizens under which citizen may get International rights and duties.

2. Definition & Meaning of Nationality

Term derived from national means subject of particular state so the legal relationship between state and nationals called nationality.

According to Starke, The status of membership of the collectivity of individual whose acts, decision and policies are vouchsafed through the legal concept of the state is representing those individuals. According to Oppenheim, Nationality of an individual is his quality of being a subject of certain state. According to M.P.Tandon, Nationality is the character arising from membership of some particular nation or state, which determine as the political status of person. ost !ules about nationality are the sole authority of National "aw or state law# It is the prerogative of each state to determine for itself and according to its own constitution what classes of person shall be entitled to its citizenship. Oppenhiumer Vs Cattermole (1973) h !"# at !7$,!73 According to %&de, According to 'elson, According to (en)i k,

3. Distinguish Nature of Nationality

*+C, !ace can distinguish persons from each other but it can not provide any rights and obligation under International "aw . $or %&ample, 'ritish 'orn

Prof. Salman Kazmi LL.M (London) International Law (a)istani, 'ritisher, American etc . *n other hand, Nationality can differentiate persons as well as provides International "aw on its basis. M,M-,*S%.P O* /OC+/ C.T.0,1S%.P +itizenship provides rights to a citizen within the country under unicipal "aw, Nationality provides rights under International "aw out of country of person,s residence. *i2hts to diplomati prote tion e.2., +meri an prote ted ,(ren h Prote ted -iplomatic (rotection provides limited rights of residence and active protection but it does not provide complete rights of a National to the person who got -iplomatic (rotection. *esidents !esident (ermits are completely different from the Nationality, it only provides a person leave to stay in the country and on its e&piry, he has to leave that country. !esident cannot participate in the .eneral %lection of a .overnment, he does not enjoy any political rights in that country.

4. Significance of Nationality
Article /0 of 1niversal declaration of 2uman !ights /345,
1. Everyone has the right to nationality 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

International rights and obligation provided on the basis of Nationality. (rotection of !ights "iability of state -etermination of (ersons !efusal for %&tradition To grant the nationality is a sole authority of the state. Hague Convention on the conflict of Nationality Laws 193 !"N#$ %N& '()(CC( C%$E *1923+

It was held that ,In the present state of International "aw , questions of nationality are, in the opinion of the court in principle within the 6jurisdiction of state7,.

Prof. Salman Kazmi LL.M (London) International Law

5. Determination of Nationality
Case *e3eren e8 1.9 :9 ;ong <um Ar) /535 It was held that state may determine as to what types or class of people shall be entitled to citizenship. %o)ard 4ra3t 4e laration on 1ationalit& Nationality is , the status of person who is attached to a state by the tie of allegiance.

6. Mode of
1. -& -irth

c!uiring

.. 5us Soli. The person is born within the state territory Nationality determined by place of birth ... 5us San2uinis. A person may also get the nationality from his parent as right of blood. Acquisition of Nationality by -escent Se6eral Pra ti es in 4i33erent Countries.
Para2ua& Constitution o3 19#$ (ren h 1ationalit& Code -ritish 1ationalit& + t 1971 1ationalit& /a) o3 -el2ium

!. -& *esumption ;here one person loses his nationality because of certain reason. 9ubsequently, he may resume his nationality after fulfilling certain conditions. 3. -& su89u2ation. ;here after defeat of state, all citizens of defeating country get the nationality of conquered state

Prof. Salman Kazmi LL.M (London) International Law #. -& Mer2er o3 States erger of state and get the nationality :. -& /on2 residen e ". -& /e2islati6e + t or +dministrati6e + t o3 State. ;here parliament grants nationality in the honour of a certain person for his e&cellent efforts to that state. 7. -& +doption %.g., when 'ritish National adopts a minor under 'ritish Nationality Act /35/ section /607 through any court that minor will get nationality. 7. -& 1aturali;ation. A process under which a person living in foreign state acquiring a citizenship of that state, that process is called acquisition of nationality through naturalization. $ollowing are the different types to get nationality through naturalization,
1. !. 3. #. :. ". 7. 7. 9. 1$. Marria2e /e2itimatin2 < /e2itimate Child + =uisition o3 4omi ile +ppointment as >o6ernment Ser6ant :.+ppli ation to the sate +uthorities option Permission 8& state to appl& -& pur hasin2 o3 Propert& Voluntar& 1aturali;ation .n6oluntar& 1aturali;ation

". #oss of Nationality

:arious definitions8 "osing the membership of a state. (rocess by which a person loses the membership of a state. 1. -& *elease or *enun iation A person as)s to be released of the nationality of the state. !. -& 4epri6ation 'reach of certain laws, in certain states, will cause the wrongdoer to be deprived of his nationality. 3. -& Su8stitution.

Prof. Salman Kazmi LL.M (London) International Law In some states, the nationality of a subject automatically stands terminated on his naturalization abroad. #. -& +8sen e In certain states, the nationality of a subject e&pires on his long absence from the country. :. -& Cession The population of a territory ceded to another state, loses its original nationality. ". -& Su89u2ation The population of a territory conquered by another state, loses its original nationality.

$. Difference %et&een Nationality and 'iti(enshi) *. 'onclusion

Pakistani nationals can acquire dual nationality with the followin countries!

Australia, Belgium, Canada, Egypt, France, Holland/Netherland, Iceland, Italy, Jordan, New Zealand, weden, wit!erland, yria, "#, " A, Ireland$