Nationality

Nationality is the legal status which represents the country to which an individuals belongs.

An individual’s nationality denotes the country where person is born and is the legal citizen of the country. The status of nationality is acquired by different means such as birth, inheritance, or naturalization.

It is the municipal law of each state that determines who are its nationals, Hence nationality law is made by the state themselves.

Nationality is a legal bond that ties a person to a state. It confers on this person a legal status as determined by national laws, such as those regulating the rights of persons and property.

*Definition

According to Fenwick : “Nationality may be defined as the bond which unties a person to a given state which constitutes his membership in a particular state, which give him a claim of the protection of the state and which subject him to the obligation created by the law of that state.”

According to Black’s law dictionary: “Nationality implies the quality or character which aries from the fact of a persons belonging to a nation or state. It arises either by birth or by naturalization.

In Nottebohm’s case, The International Court of Justice described ” Nationality is a legal bond as its basis a social fact of attachment, genuine connection of existence and sentiments together with existence of reciprocal rights and duties.

The universal declaration of human rights, 1984 Article 15, holds that, Everyone has the right to nationality and no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

* Importance of Nationality

Nationality is important for the realization of other basic human rights. Nationality embodies diplomatic protection of the country of nationality and it os often a legal or practical requirement for the exercise of fundamental rights.

• The protection of rights of diplomatic agents is the consequence of nationality.
• If a state does not prevent offences of its nationals or allows them to commit such harmful acts as might affect other states, then that state shall be responsible for the acts committed by such persons.
• Ordinarily, state do not refuse to take the persons of their nationality. By nationality, we may mean loyalty towards a particular state.
• Nationality may also mean that the national of a state may be compelled to do military service for the state.
• Yet another effect of nationality is that the state may refuse to extradite its own nationals.
• According to the practice of large number of states during war, Enemy character is determined on the basis of nationality.
• The right of protection of diplomatic representatives are available because of nationality.

*Modes of Acquiring and Losing Nationality

The modes of Acquisition of nationality are as follows:

i. By Birth: It is the most natural way of getting nationality. A person acquires nationality of the state where he is born. S\he acquires the nationality of his/her parents at the time of his birth.

ii. Naturalization: Nationality may also be acquired by naturalization. when a person living in a foreign state for a long time acquires the citizenship of the state then It is is said to be state of nationality acquired through naturalizations.

iii. By Resumption: If a person loses his nationality due to some reasons, then person can resume his nationality after fulfilling the procedure enacted by the nation.

iv. By subjugation: This type of acquiring nationality means when a state defeats another state or one state bows in front of another, the citizen of the defeated state automatically acquires the nationality of Conquered state.

V. By Cession: When the territory of one state or whole state is ceded to another state, the citizen of the former state acquires the nationality of latter state.

vi. By legislative and administrative Act: Nationality can acquired by the legislative or administrative act of a state, likewise a state may also confer honorary citizenship to meritorious aliens.

Lose of Nationality

The modes of losing a nationality are as follows:

i. By Release: In some state law provides that citizens may be lose nationality by release. In the loss of nationality by release it is necessary to submit an application for the same . if the application can accepted, the person concerned is realsed from the nationality of the state concerned.

ii. By deprivation: State has framed some municipal laws, the breach of which by its results in the deprivation of their nationality.

iii. By Expiration: In certain state, on account of legislation, citizenship expires due to long stay aboard.

iv. By Renunciation: A person may also renounce his nationality, The need for renunciation arises when a person acquires nationality of more than one state. In such a condition, he has to make a choice as to of which country he will remain the national. Consequently, he has to renounce the nationality of one state.

V. By substitution: Some states provide for the substitution of nationality. According to this principle, a person may get nationality of a state in place of the nationality of another state. This is called nationality by substitution whereby he loses the nationality of one state and acquires the nationality of another state.

Inconclusion

Nationality is one of the basic concepts in international law, as it reflects the identity of both individual and state sovereignty. Nationality confers protection and rights on individuals, such as access to public services, voting rights, and diplomatic protection abroad. In return, nationals are normally subject to obligations toward the state, including observance of its laws and, in many cases, national service.