What is Nationality in International Law. Loss of Nationality in International Law. Difference between Nationality and Citizenship


The relationship between State and Individual called Nationality. A particular person of a Nation is supposed to owe permanently allegiance to their States. A person who owe permanently allegiance to a State are called Nation of a State. Nationality may defined as a person who attached to a State permanently by the tie of allegiance. The term ‘Nationality’ signifies the legal relation between individual and the State.
Individual can enjoy the benefits from International Law through nationality. A State have power to exercise its jurisdiction over its national travelling or residing abroad, under its supremacy. International Law permit the power of exercise of jurisdiction and sets its limits within in its jurisdiction which it can be exercise. State law determined the rule of nationality with regard to the nationality due to lack of uniformity in the State Law, many difficulties such as like statelessness, double nationality ordual nationality were experienced. In the years 1930 Hague Conference, an attempt was made to settle the conflict in respect of nationality.
Nationality, Loss of Nationality

The Importance of Nationality
Nationality plays an important role in International Law. It can be used for many purposes. They are as follows:-
       I.            Right of protection of Diplomatic agents is consequences of nationality.
    II.            It is the right and duty of the State to prevent the person from committing an offence. If it does not so, then State will be responsible for that.

Nationality versus Domicile
Nationality is a medium between individual and State whereas the residence of the person is denotes by domicile with the help of domicile a person may require nationality.

Nationality and Citizenship
The term nationality and Citizenship are differ from each others. Nationality is the quality of person belonging to a particular State which he known. Under International Law a Nationality creates a legal relationship between a man and a State, and on the other hand it denotes a relationship between a municipal Law and State. In International Law a concept of citizenship is irrelevant. Full civil and political right can possesses citizen. In other words a citizen who enjoys full civil and political right is called citizen as distinguished from national, national cannot enjoy full civil and political right despite their domicile in the country. Thus the nationality of a particular State posses citizenship but it is not necessary that national may be the citizen of that particular State.

Modes of Acquisition of Nationality
With the rule of Municipal Law a person may acquire the nationality. Municipal Law determines who may be a national of a particular State. Modes of Acquisition of nationality are not uniform. They differ from one state to others. The following are the modes of acquisition of nationality.
1)      By Birth
2)      By Nationality
3)      By Resumption
4)      By Subjugation
5)      Cession

1.      By Birth:-A person acquired nationality on the basis of birth by many States. Nationality is conferred all those person who take birth within territorial limit of that State. Section 3 of the Indian Citizenship Act 1955, had provided nationality on the basis of birth in the territory of India, on or after the 26th January 1950 even both the parents of the child are foreigners would make a person an Indian Citizen. Section 3(b) of the Citizenship Act 1986 amendment says that every person who born in India on or after 26th January 1950 the person would be the citizen of India by birth, if both the parents of child is a citizen of India at the time of child birth. Section 3(2)of the Act says that a person is not be a citizen of India by birth, at the time of child birth, child dad has such invulnerability from suit and legitimate procedure as is agreed to an agent of a remote sovereign power certify to the President of India and isn’t a subject of India.
Amendment in Section 3 of the Citizenship Act 2003 made an amendment in Section 3 of the Citizenship Act 1955 by providing that under Section 3(1) says that every who born in India on or after the 26th January 1950 but before the 1st July 1987 on or after the 1st July 1987 but before the commencement of the Citizenship(Amendment) Act, 2003 the child parents should be citizen at the time of birth. Under Para 2 of the Section says that a person cannot be citizen of India at the time of birth of child if his dad has such invulnerability from suit and legitimate procedure as is agreed to an agent of a remote sovereign power certify to the President of India and isn’t a subject of India.

2.      By Naturalization:-Nationality may acquire by birth. A person can change nationality if he want to change it. If a person want to change his nationality and acquired a nationality of some other State, the process of acquisition is called naturalization. A person through naturalization acquired nationality in various way, such as marriage, legitimation, through domicile, option etc. Adoption of child by parents who are the nationality of some other State the child will be the nationality of his parents, the State discriminate the nationality by naturalization. An individual need to obtain a nationality through naturalization he need to give an application and demand for the procurement of nationality through naturalization.

3.      By Resumption:-A person can resumption his nationality again, if he lost his nationality by naturalization to the same State. This kind of acquisition is known as reintegration or resumption. Indian Citizenship Act 1955 Section 8 Para 2 permit the minor not the adult to resum his nationality within one year from the date of attaining majority through application, if he or she lost his Citizenship due to their guardian. Under Section 20 of the Citizenship Act 1956 explain the whole procedure for restoration.
Example:-Mr. ‘A’ a citizen of India settled in U.S.A and became the citizen of U.S.A and after few years he relinquished his Indian nationality. Again after few years he returned to India and obtain a nationality by naturalization and relinquished the U.S.A nationality, it is called nationality by reintegration or resumption.

4.      By Subjugation:-A person acquired a nationality through subjugation after conquest. When a State defeated by other nation then all the citizen of that State acquire the nationality of conquering State. When a State or the part of the territory of State itself subjugated by another State, all the inhabitant of the territory letter became the national of that State. Germany annexed the Austria letter the whole Austria became the nation of Germany.
Section 7 of the Indian Citizenship Act 1955 set out that if any State turned into a piece of India an individual from such region consequently progressed toward becoming native of India from date specified in the Order which may be issued by the Central Government. After the order was issued the Goa became the national of India.

5.      Cession:-The word Cession means surrendering the sovereignty. When a part of the State is ceded with another State, all the nation or the peoples of that State has been ceded acquire the nationality of the State in which their State has of merged.

Loss of Nationality
A person loss his nationality of a State at any time any of the following modes. They are as follows:-
1)      By release
2)      By deprivation
3)      Long residence abroad
4)      By renunciation abroad and
5)      By substitution.

       I.            By release:-In some State the Law give a right to the citizen to release from their nationality. In this case the person has to submit an application to the State and if that application is made to that effect and if that application is accepted by the State Concerned.

    II.            By deprivation:-In some State a national of a State deprived of nationality in happening of a certain case. A person is deprived his nationality if he enter into foreign civil or military service without permission at that condition citizen is deprive from his nationality.
 III.            By Renunciation Abroad:-A person has to renunciation a nationality if he has acquire a more than one State, he has a choice to loss nationality. If he did not so, he loss his nationality of a particular State.

 IV.            Substitution:-A person can acquire one nationality in India, no person can hold dual Citizenship, a person loss his nationality of a State when he acquires more than one. Section 9 of the Citizenship Act 1955 says that the Citizenship shall be automatic terminated when a person voluntarily acquire a citizenship of another Country.

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