   #copyright

Nationality

2007 Schools Wikipedia Selection. Related subjects: Culture and Diversity

                                                  Legal status of Persons
                                                   Concepts

                                                               Citizenship
                                                               Nationality
                                                            Naturalization
                                                           Leave to Remain
                                                               Immigration
                                                       Illegal immigration
                                                             Statelessness
                                              Legal designations

                                                                   Citizen
                                                       Native-born citizen
                                                       Naturalized citizen
                                                              Dual-citizen
                                                                     Alien
                                                            Migrant worker
                                                                   Refugee
                                                         Illegal immigrant
                                                                  Criminal
                                                                  Prisoner
                                                                     Slave
                                                        Political prisoner
                                                          Stateless person
                                                             ( Enemy alien
                                                           Enemy combatant
                                                  Administrative detainee)
                                                Social politics

                                                           Immigration law
                                                           Nationality law
                                                               Nationalism
                                                       Nativism (politics)
                                                        Immigration debate
                                                   " Second-class citizen"

   Nationality is a relationship between a person and their state of
   origin, culture, association, affiliation and/or loyalty. Nationality
   affords the state jurisdiction over the person, and affords the person
   the protection of the state.

   Traditionally under international law and conflict of laws principles,
   it is the right of each state to determine who its nationals are. Today
   the law of nationality is increasingly coming under more international
   regulation by various conventions on statelessness, as well as some
   multilateral treaties such as the European Convention on Nationality.

   Generally, nationality is established at birth by a child's place of
   birth ( jus soli) and/or bloodline ( jus sanguinis). Nationality may
   also be acquired later in life through naturalization. Corporations and
   other legal persons also have a nationality, generally in the state
   under whose laws the legal person was formed.

   The legal sense of nationality may often mean citizenship, although
   technical differences do exist between the two. Citizens have rights to
   participate in the political life of the state of which they are a
   citizen, such as by voting or standing for election. Nationals need not
   immediately have these rights; they may often acquire them in due time.

Overview

   Where a country has only one legal system, the law will match the
   common perception, but where the country is divided into separate
   states, different rules apply. In the common law, upon birth, every
   person acquires a domicile. This is the relationship between a person
   and a specific legal system. Hence, one might have an Australian
   nationality and a domicile in New South Wales, or an American
   nationality and a domicile in Arizona. The residents of a country
   generally possess the right of abode in the territory of the country
   whose legal documents they hold. This, however, is dependent upon the
   constitution of the named land, and there are exceptions, particularly
   among more economically stable nations (e.g., British Nationality Law).

   The person remains subject to the state's jurisdiction (the lex
   domicilii in Conflict of Laws) for the purposes of defining status and
   capacity wherever he or she might travel outside the state's territory;
   in exchange, the individual is entitled to the state's protection, and
   to other rights as well. This is an aspect of the public policy of
   parens patriae and derives from the social contract. In the civil law
   systems of continental Europe, either the law of nationality (known as
   the lex patriae) or the law of the place of habitual residence is
   preferred to domicile as the test of a person's status and capacity.

   Some countries do not permit dual nationality while others only allow a
   very limited form of dual citizenship (e.g. Indian nationality law,
   South African nationality law). A person who is not a national of any
   state is declared a stateless person.

   In the United States, the term "national" usually means someone who has
   U.S. nationality, but not United States citizenship, by virtue of
   living in a U.S. territory. Though it applied to other U.S. territories
   in the past, today only residents of American Samoa and Swains Island
   are considered U.S. "nationals"; Congress has granted full citizenship
   to residents of the remaining territories. U.S. "nationals" have the
   same rights to enter, live, and work in the United States as citizens;
   voting rights are the only major difference. Legally, however (and in
   the broader sense), U.S. citizens are also U.S. nationals; United
   States passports do not distinguish between citizens and non-citizen
   nationals.

Alternative usage

                Conflict of laws
               Preliminary matters
   Characterisation  · Incidental question
   Renvoi  · Choice of law
   Conflict of laws in the U.S.
   Public policy  · Hague Conference
              Definitional elements
   State  · Jurisdiction  · Procedure
   Forum non conveniens  · Lex causae
   Lex fori  · Forum shopping
   Lis alibi pendens
               Connecting factors
   Domicile  · Lex domicilii
   Habitual residence
   Nationality  · Lex patriae
   Lex loci arbitri  · Lex situs
   Lex loci contractus
   Lex loci delicti commissi  · Lex loci actus
   Lex loci solutionis  · Proper law
   Lex loci celebrationis
   Choice of law clause
   Forum selection clause
             Substantive legal areas
   Status  · Capacity  · Contract  · Tort
   Marriage  · Nullity  · Divorce
   Get divorce  · Talaq divorce
   Property  · Succession
   Trusts
                   Enforcement
   Enforcement of foreign judgments
   Mareva injunctions  · Anti-suit injunctions

   In several non-English speaking areas of the world, the cognate word
   for nationality in local language may be understood as a synonym of
   ethnicity, as nation can be defined as a grouping based on cultural
   self-determination rather than on relations with a state. For example,
   many people would say they are Kurds, i.e., of Kurdish nationality,
   even though no such Kurdistan state exists (the postulated homeland is
   divided among five countries). In the context of former Soviet Union
   and former Yugoslavia, nationality is often used as translation of the
   Russian and Serbo-Croatian terms (национальность/ natsional'nost',
   народност/narodnost) used for ethnic groups and local affiliations
   within those (former) states. Similarly, the term " nationalities of
   China" refers to cultural groups in China. Spain is one Nation, made
   out by nationalities, which are not nations, or can be considered
   smaller nations within the Spanish Nation. People of the Jewish faith
   are generally considered members of the "Jewish" nationality although
   there is no country that is specifically Jewish. (The official relgions
   of Israel are Jewish, Muslim and Christian.)

   Retrieved from " http://en.wikipedia.org/wiki/Nationality"
   This reference article is mainly selected from the English Wikipedia
   with only minor checks and changes (see www.wikipedia.org for details
   of authors and sources) and is available under the GNU Free
   Documentation License. See also our Disclaimer.
