Nationality is a legal identification that establishes an individual as a subject of a sovereign state, granting the state jurisdiction over the person and affording the individual the protection of the state against other states. The rights and duties of nationals vary from state to state and are often complemented by citizenship laws. In many contexts, citizenship is synonymous with nationality; however, technically and legally, they differ. Citizenship typically refers to the right to participate in the political life of the state, such as voting or standing for election, whereas nationality denotes membership to a nation or sovereign state. In most modern countries, all nationals are citizens of the state, and full citizens are always nationals of the state.
Determining Factors
A person can be recognized or granted nationality based on several factors, usually determined by circumstances of birth, but sometimes requiring an application. The primary principles include:
- Jus sanguinis (right of blood): Nationality is acquired through one's parents or ancestors. If one or both parents are citizens of a state, the person may have the right to be a citizen of that state as well. This principle is common in civil law countries.
- Jus soli (right of the soil): Nationality is acquired by birth within a country's territorial jurisdiction. This principle is common in common law countries and most countries in the Americas. However, it has been limited or abolished in many other countries.
- Jus matrimonii (right of marriage): Many countries offer a faster route to naturalization based on marriage to a citizen. Regulations often exist to detect and prevent sham marriages.
- Naturalization: States may grant nationality to individuals who have legally entered the country, been granted permission to stay, or been granted political asylum, and have lived there for a specified period. Conditions may include language proficiency, knowledge of the country's way of life, good conduct, and moral character. Some states allow dual citizenship and do not require naturalized citizens to renounce their prior citizenship.
- Nationality by investment or economic citizenship: Wealthy individuals may invest in property, businesses, government bonds, or donate cash directly in exchange for citizenship and a passport. While legitimate and usually limited in quota, these schemes are controversial. Costs for citizenship by investment range from as little as $100,000 to as much as €2.5 million.
Statelessness
In international law, a "stateless person" is someone who is "not considered as a national by any state under the operation of its law." Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality" and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." Despite this, millions remain stateless due to discrimination, flawed nationality laws, or bureaucratic obstacles, leaving them in a state of fear and uncertainty. Efforts like the UNHCR's #IBelong campaign have helped many acquire nationality, but challenges persist.
Nationality in Context
Nationality laws can vary significantly between countries, leading to different classes of nationality with varying rights. For example, British nationality law defines six classes of British national, among which "British citizen" is one class having the right of abode in the United Kingdom. Similarly, in the Republic of China (Taiwan), the status of national without household registration applies to people who have the Republic of China nationality but do not have an automatic entitlement to enter or reside in the Taiwan Area and do not qualify for civic rights and duties there. Under the nationality laws of Mexico, Colombia, and some other Latin American countries, nationals do not become citizens until they reach the age of majority.
Even within a single country, different classes of nationality can exist, leading to varying rights and privileges. For instance, in the United Kingdom, only British citizens have the automatic right of abode, while other forms of British nationality do not confer this right. In Latvia and Estonia, certain residents hold non-citizen or undefined citizenship statuses, primarily affecting ethnic Russians who migrated during the Soviet occupation period. In Taiwan, nationals without household registration lack certain rights, including the automatic right to enter or reside in Taiwan. In the United States, individuals born in some outlying possessions are U.S. nationals but not citizens, granting them the right to enter, work, and live in the U.S. as permanent residents but not the same voting rights as citizens.
These variations highlight the complex nature of nationality and its implications for individuals' rights and identities.