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Nationality

Nationality

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Published by maeconomics
Concept of Nationality: Definition, Modes of Obtaining Nationality, Modes of Losing Nationality
Concept of Nationality: Definition, Modes of Obtaining Nationality, Modes of Losing Nationality

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Published by: maeconomics on Jan 08, 2009
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01/15/2014

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Nationality
Concept of Nationality:
 Nationality of an individual is a subject of a certain state, and therefore, its citizen. It is not for international law but for municipal law to determine who is and who is not the subject. But Article 1 of the Hague Convention of 1930 relating to 'nationality laws', nationality is for each state. In general, itis the law of nation concerned, those who enjoy political rights and are named citizens. Nationality in the sense of citizenship of a certain state meaning membership of certain nation.
Definition:
The term nationality is derived from the word 'national' which simply means the subject of a particular state. According to Howard, nationality is the status of a national person who is attached to a state.Hyde says that it refers to the relationship between a state and an individual.
Nationality and Emigration:
As emigration involves the voluntary removal of an individual from his home state with the intention of residing abroad. Emigration is, in fact, entirely a matter of internal legislation of the different states.Every state can fix the conditions under which emigrants lose their nationality. The laws of nationsdoes not yet grant a right of emigration to every individual, although it is frequently maintained that itis a national right of every individual to emigrate from his own state. It is a moral right which couldfind a place in any international right of man.
Modes of Acquiring Nationality:
There are five modes of acquiring nationality, i.e, by birth, through naturalisation, throughredintegration, through subjugation and through cession of territory.(a)
Nationality by birth:
The first and chief mode of acquiring nationality is by birth; indeed, theacquisition of nationality by another mode is exception, since the vast majority of mankindacquires nationality by birth, and does not change it afterwards.(b)
Nationality through naturalisation:
The most important mode of acquiring nationality besides by birth is that of naturalisation in the wider sense of the term. Through naturalisation, an alien by birth acquires the nationality of the naturalising state. According to the municipal law of thedifferent states naturalisation may take place through six different acts – namely, marriage,legitimation, option, acquisition of domicile, appointment as government official, grant onapplication. Thus, according to the municipal law of most states, an alien female marrying asubject of such state become thereby
ipso facto
naturalised. Thus, father, according to the

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