What is Dual Nationality in International Law? what is Statelessness State. Provision relating to nationality of a married woman.


Double Nationality

Dual Nationality is called as ‘Double Nationality’. It is clearly means that, a person having nationalities of more than one State at a time. Nationality may acquired by birth. This problem is mainly found in children, if a child born in foreign country and not in his parents county he will be the national of that county where he is born on the basis of principle of jus soli at the same time he becomes the national of his parents on the basis of jus sanguinis. Further after a marriage a woman acquire the nationality of her husband and at the same time she continues possess original nationality. The situation of people having two fold nationality might be ungainly, since they are national of the distinctive State who both accordingly guarantee their allegiance people possess double nationality knowledge or without knowledge and with or without their intention.
‘A’ and ‘B’ are the husband and wife they are the citizen of India, while they were staying in the United State, ‘B’ gave a birth to ‘C’. In this case ‘C’ gets two nationalities of both the country by birth ‘C’ gets the nationalities of United States and through parents ‘C’ gets Indian nationalities.
As a rule nationality provides protection and as a rule of International Law it is the duty to the every State to protect the interest of its national. But if a person who hold dual nationality doubt arises as to which country has the duty to provide protection to the person.
The Hague Conference of 1930:-The league of Nation prepared at it the Hague Conference of 1930 to remove difficulties arising out of double nationality. It provided that a person have more than one nationality might be regarded as national which he possess nationality of the State. The person having more than one nationality could renounce of the one nationality which the permission of the State that whose nationality he want to surrender. Articles 5 says that a person having more than one nationality or double may treated in third State as if he has only one nationality which he depending habitually and principally residence in the State which he mostly closely connected. The Convention came to force on July 1937, only thirteen States have become the parts of convention including India. Articles 15 of the Universal Declaration of Human Right, 1948 says that every person has right to nationality, and it also provides that no one have right to arbitrarily deprived of his nationality, and no one has right to denied to change his nationality.
Dual Nationality
Dual Nationality

Statelessness

A person does not have any nationality of any State is called a Stateless person. Some person may be without nationality with or without his knowledge or without his fault. A person by birth or after birth may be Stateless. When a mother gave birth to illegitimate child in a State and does not apply for jus soli a mother was a foreign citizen and does not acquire for nationality, or where a mother gave birth to a legitimate child in a State but parents does not have nationality themselves, the child will become stateless. A person become Statelessness after birth as well as deprivation, penalty or otherwise. A person derived his nationality without possess nationality of any other State. Refugees is also a Stateless they fleeing from their country to abroad. A Stateless person don’t have right to enjoy the person which is conferred in International Law their right is not protected in any state and they all refused to enjoyment of right. There are various rights such as family right, personal capacity, succession to property and matrimonial regime etc., an individual person cannot enjoy this right in a normal way his status determines all these right is in doubt. The Convention 1954 define Stateless person means a person who is not a national of any State by law and person fall outside the normal legal regime of any State. They work formally to their own property, education or health care, register travel, birth, marriage or death or seek to protection from State.
The Convention relating to the Status of Refugees of July 28, 1951 was adopted to reduce Statelessness but fail to abolish again in New York 15 August to 28 August convention adopted to Reduction of Statelessness the convention came into force on 13 December 1975. The main purpose of this convention was to avoid the cases of Statelessness. Under Articles 1 it says that state shall provide nationality to that person by operation of law at birth upon application. Articles 1 provide that a child born in wedlock territory of contracting state and if his mother is a national can acquire nationality and if she is Stateless.
                                  

Nationality of Married Woman

A person who have acquire two nationality is called dual or double Nationality, after a marriage a woman acquire double nationality, one is she possess her original nationality by birth and one of her husband. On 29 January 1957 the General Assembly of the United Nation adopted a Convention on the Nationality of Married Woman to meet the problem of double nationality. Under Articles1 it provides that there is no celebration nor the dissolution of a marriage between a State’s national and alien or the husband cannot force her to change nationality during marriage this will be automatically affect the nationality of the wife. Articles 3 says that the alien wife of a State’s national acquire a nationality of her husband through naturalization, in the interest of national security, the convention shall not effect and judicial practice by the alien wife at her request he acquire a nationality


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