| Legal status of Persons | |
| Concepts | |
|
Citizenship |
|
| Legal designations | |
|
Citizen |
|
| Social politics | |
|
Immigration law |
Nationality is a relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. In Law legal status refers to the concept of individuals having a particular place in society relative to the law as it determines the laws which affect them The term person is used in Common sense to mean an individual Human being. Naturalization is the acquisition of Citizenship or Nationality by somebody who was not a citizen or national of that country when he or she was born The Leave to Remain is the legal status of a person issued by a government office of internal affairs to one who is not yet a citizen Immigration refers to the movement of people among countries While the movement of people has existed throughout human history at various levels modern immigration implies long-term Illegal immigration refers to Immigration across National Borders in a way that violates the Immigration laws of the destination Country Statelessness is the Legal and social concept of a person lacking belonging (or a legally enforceable claim to any recognised State. A native-born citizen of a country is a person who was born within the country's territory and has been legally recognized as that country's citizen from birth Naturalization is the acquisition of Citizenship or Nationality by somebody who was not a citizen or national of that country when he or she was born Multiple citizenship, or multiple nationality is a status in which a person is concurrently regarded as a Citizen under the laws of more than one state. In US law, an alien is a legal term for a person, either a corporation or a human who is not a United States national. The term migrant worker has different official meanings and connotations in different parts of the world the United Nations' definition is very broad essentially including anyone According to the 1951 Convention Relating to the Status of Refugees, a refugee is a person who owing to a well-founded fear of being persecuted for reasons of race Illegal immigration refers to Immigration across National Borders in a way that violates the Immigration laws of the destination Country A political prisoner is someone held in Prison or otherwise detained perhaps under House arrest, for his or her involvement in political activity A stateless person is someone with no Citizenship or Nationality. Administrative detention - Is an arrest without trial usually for security reasons Immigration law refers to national Government policies which control the phenomenon of Immigration to their country Nationality law is the branch of a country's legal system wherein legislation custom and court precedent combine to define the ways in which that country's Nationality and The term nationalism can refer to an Ideology, a sentiment, a form of Culture, or a Social movement that focuses on the Nation Nativism is an Opposition to immigration which originated in United States politics with roots in the country's historic role as a Melting pot. Illegal immigration refers to Immigration across National Borders in a way that violates the Immigration laws of the destination Country The term person is used in Common sense to mean an individual Human being. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Culture (from the Latin cultura stemming from colere, meaning "to cultivate" generally refers to patterns of human activity and the symbolic In Law, affiliation (from Latin ad-filiare, to adopt as a son is the term to describe a partnership between two or more parties This page is about loyalty as faithfulness to a cause For its use in business see Loyalty business model or Loyalty Marketing. Nationality affords the state jurisdiction over the person, and affords the person the protection of the state. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority
Traditionally under international law and conflict of laws principles, it is the right of each state to determine who its nationals are. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving 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. Statelessness is the Legal and social concept of a person lacking belonging (or a legally enforceable claim to any recognised State. The European Convention on Nationality ( ETS No 166 signed in Strasbourg, 6 November, 1997) is a comprehensive convention of the Council
Generally, nationality is established at birth by a child's place of birth (jus soli) and/or bloodline (jus sanguinis). Jus soli ( Latin for "right of the soil" or somewhat figuratively "right of the territory" or birthright citizenship, is a Right Jus sanguinis ( Latin for "right of blood" is a Social policy by which Nationality or Citizenship is not determined by place of birth Nationality may also be acquired later in life through naturalization. Naturalization is the acquisition of Citizenship or Nationality by somebody who was not a citizen or national of that country when he or she was born Corporations, ships, and other legal persons also have a nationality, generally in the state under whose laws the legal person was formed. A corporation is a separate legal entity usually used to conduct business Flag State refers to the Authority under which a country exercises Regulatory control over the Commercial vessel which is registered under its flag Note This Wikipedia entry deals with the legal concept legal person.
The legal sense of nationality, particularly in the English speaking world, may often mean citizenship, although they do not mean the same thing everywhere in the world; for instance, in the UK, citizenship is a branch of nationality which in turn ramifies to include other subcategories (see British nationality law). British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. 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. Politics Politics is the process by which groups of people make decisions An election is a Decision-making process by which a population chooses an individual to hold formal office Nationals need not immediately have these rights; they may often acquire them in due time.
Nationality can also mean membership in a cultural/historical group related to political or national identity, even if it currently lacks a formal state. This meaning is said by some authorities to cover many groups, including Kurds, Basques, Catalans, English, Welsh, Scots, Palestinians, Tamils, and many others. The Basques (Euskaldunak are a people who inhabit a region spanning over parts of north-central Spain and southwestern France. The Catalans are the people from Catalonia, an Autonomous community of Spain, including people originating in that region but living elsewhere The English people (from the adjective in Englisc) are a Nation and Ethnic group native to England who predominantly speak English The Welsh people ( Welsh: Cymro ("Welshman" Cymraes ("Welsh woman" Cymry ("Welshmen/women" Cymry The Scots people ( Scots Gaelic: Albannaich) are a Nation and an Ethnic group indigenous to Scotland. Palestinian people or Palestinians ( الشعب الفلسطيني, ash-sha`b al-filasTīni; الفلسطينيون, al-filasTīnīyyūn Tamil people (also called Tamils or Tamilians) ( are an Ethnic group native to Tamil Nadu, a state in India, and the north-eastern
Contents |
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. The term State has several meanings in law in Private international law and Conflict of laws, State can refer to a well-defined jurisdiction with its own set In the common law, upon birth, every person acquires a domicile. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Conflict of Laws, domicile (sometimes termed domicil in the U 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. For a topic outline on this subject see List of basic Australia topics. The State of Arizona ( is a state located in the southwestern region of the United States. The residents of a country generally possess the right of abode in the territory of the country whose legal documents they hold. The right of abode refers to an individual's freedom from immigration control in a particular Country. 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). British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality.
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. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving A person's status is a set of social conditions or relationships created and vested in an individual by an act of Law rather than by the consensual acts of the Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members This is an aspect of the public policy of parens patriae and derives from the social contract. Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. Parens patriae is Latin for "father of the people" In Law, it refers to the public policy power of the state to usurp Social contract describes a broad class of republican theories whose subjects are implied agreements by which people form Nations and maintain a Social order 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. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The term lex patriae is Latin for the law of Nationality in the Conflict of Laws which is the system of Public law applied to In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the Lex causae in cases characterised
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, Republic of China nationality law). Indian citizenship and nationality law: The Constitution of India provides for a single citizenship for the entire country South Africa rewrote its Nationality law since the end of Apartheid in 1994 and the establishment of majority rule in the country under the African National Congress The Nationality Law of the Republic of China (regulates Citizenship in the Republic of China (Taiwan A person who is not a national of any state is declared a stateless person. A stateless person is someone with no Citizenship or Nationality.
In the United States, the term "national" usually means someone who has U. The United States of America —commonly referred to as the S. nationality, but not United States citizenship, by virtue of living in a U. Article I section 8 clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization 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. American Samoa (Amerika Sāmoa or sm ''Sāmoa Amelika'' is an unincorporated territory of the United States located in the South Pacific Ocean, southeast Swains Island is an Atoll in the Tokelau chain the most northwesterly island administered by American Samoa. 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. Article I section 8 clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization 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. United States passports are issued exclusively by the US Department of State.
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 · Dépeçage |
| 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. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving In Conflict of Laws, characterisation is the second stage in the procedure to resolve a Lawsuit involving a foreign law element In the Roman Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a Lawsuit. In Conflict of Laws, renvoi (from the French, meaning "send back" or "to return unopened" is a subset of the Choice of law rules Choice of law is a procedural stage in the litigation of a case involving the Conflict of laws when it is necessary to reconcile the differences between the laws of The Choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally Public policy is the body of fundamental principles that underpin the operation of legal systems in each state. The Hague Conference on Private International Law (or HCCH for Hague Conference/Conférence de la Haye is the preeminent organisation in the area of Private international law The term State has several meanings in law in Private international law and Conflict of laws, State can refer to a well-defined jurisdiction with its own set In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority In all Lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the Lex fori, i In the Conflict of laws, lex causae ( Latin: Lex + Causa, "cause the law" is the law or laws chosen by the Forum court from In Conflict of Laws, the Latin term lex fori literally means the "law of the forum" and it is distinguished from the lex causae which is the law the Forum shopping is the informal name given to the practice adopted by some Litigants to get their Legal case heard in the Court thought most likely The principle of lis alibi pendens (literally "dispute elsewhere pending" applies both in municipal Public international law, and Private international law In Conflict of Laws, domicile (sometimes termed domicil in the U The lex domicilii is the Latin term for "law of the domicile" in the Conflict of Laws. In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the Lex causae in cases characterised The term lex patriae is Latin for the law of Nationality in the Conflict of Laws which is the system of Public law applied to The lex loci arbitri is the Latin term for "law of the place where Arbitration is to take place" in the Conflict of Laws. The term lex situs ( Latin) refers to the Law of the place in which Property is situated for the purposes of the Conflict of laws The lex loci contractus is the Latin term for "law of the place where the contract is made" in the Conflict of Laws. The lex loci delicti commissi is the Latin term for "law of the place where the tort was committed" in the Conflict of laws. lex loci actus law of the place where the act occurred that gave rise to the legal claim The lex loci solutionis is the Latin term for "law of the place where relevant performance occurs" in the Conflict of Laws. The Doctrine of the Proper Law is applied in the Choice of law stage of a Lawsuit involving the Conflict of Laws. The lex loci celebrationis is the Latin term for "law of the place where the marriage is celebrated" in the Conflict of Laws. A choice of law clause or proper law clause in a contract is one in which the parties specify which Law (i In Law, dépeçage refers to the concept in the Conflict of laws whereby different issues within a particular case may be governed by the laws of different states A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any Litigation resulting from that contract will A person's status is a set of social conditions or relationships created and vested in an individual by an act of Law rather than by the consensual acts of the Discussion As an aspect of the Social contract between a state and its Citizens the state adopts a role of protector to the weaker and more vulnerable members In the Conflict of Laws, the validity of a Contract with one or more foreign law elements will be decided by reference to the so-called " Proper law In Conflict of Laws, the Choice of law rules for Tort are intended to select the Lex causae by which to determine the nature and scope In Conflict of laws, the issue of Marriage has assumed increasing public policy significance in a world of increasing multi-ethnic multi-cultural Community In Conflict of Laws, the issue of nullity (known as Annulment in the United States) in Family Law inspires a wide response among the laws In modern Society, the role of marriage and its termination through Divorce have become political issues See also Get (divorce document For the religious process see Get (divorce document A get or gett ( גט) is In Sunni Islamic Law there are two forms of divorce known as the talaq and its less well-regulated Sunni version of Triple talaq. In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. In the Conflict of Laws, the subject of Succession deals with all procedural matters relevant to estates containing a "foreign element" whether that element In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered In the Conflict of Laws, issues relevant to the enforcement of foreign Judgments are frequently regulated by Bilateral Treaty or Multilateral The Mareva injunction (variously known also as a freezing order, Mareva order or Mareva regime) in Commonwealth jurisdictions is a court In the area of Conflict of law, anti-suit injunction is an order issued by a court or Arbitral tribunal that prevents an opposing party from commencing Cognates in Linguistics are words that have a common origin They may occur within a language such as shirt and skirt as two English words descended from A nation is a Human Cultural and Social Community. In as much as most members never meet each other yet feel a common bond it may be considered 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). History See also History of the Kurdish people Ancient period See also Hurrians, Guti, Mannaeans, Medes A state is a political association with effective Sovereignty over a geographic Area and representing a Population. In the context of former Soviet Union and former Yugoslavia, nationality is often used as translation of the Russian and Serbo-Croatian terms (национальность/ natsionalnost, народност/narodnost) used for ethnic groups and local affiliations within those (former) states. The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 The Socialist Federal Republic of Yugoslavia ( Serbo-Croatian, Bosnian, Croatian, Serbian, Slovene, Macedonian: Russian ( transliteration:,) is the most geographically widespread language of Eurasia, the most widely spoken of the Slavic languages The Serbo-Croatian language or Croato-Serbian language (cрпскохрватски језик srpskohrvatski jezik) is a South Slavic Diasystem Similarly, the term "nationalities of China" refers to cultural groups in China. The following is a list of ethnic groups in China where "China" is taken to mean areas controlled by either of the two states using "China" in their formal Spain is one Nation, made out by nationalities, which are not nations, or can be considered smaller nations within the Spanish Nation. Historically, the modern country of Spain was formed by the accretion of several independent Iberian realms ( Asturias, León, Galicia
See also
- Blood quantum laws
- Citizenship
- Demonym
- Ethnicity
- Imagined communities
- Intersectionality
- jus soli
- jus sanguinis
- Meta-ethnicity
- Nationalism
- Nationality law
- Naturalization
- Second-class citizen
- Statelessness
External links
- A list of nationalities List of nationalities in various formats (CSV, TXT, HTML) for use in databases and applications
- Grossman, Andrew. Blood Quantum Laws is an umbrella term that describes legislation enacted to define membership in Native American groups A demonym or gentilic is a word that denotes the members of a People or the inhabitants of a place The imagined community is a concept coined by Benedict Anderson which states that a Nation is a Community socially constructed which is to say Intersectionality is a theory which seeks to examine the ways in which various socially and culturally constructed categories interact on multiple levels Jus soli ( Latin for "right of the soil" or somewhat figuratively "right of the territory" or birthright citizenship, is a Right Jus sanguinis ( Latin for "right of blood" is a Social policy by which Nationality or Citizenship is not determined by place of birth Meta-ethnicity is a relatively recent term (or Neologism) that arises occasionally in academic literature or public discourse and when it does seems to be an attempt to describe The term nationalism can refer to an Ideology, a sentiment, a form of Culture, or a Social movement that focuses on the Nation Nationality law is the branch of a country's legal system wherein legislation custom and court precedent combine to define the ways in which that country's Nationality and Naturalization is the acquisition of Citizenship or Nationality by somebody who was not a citizen or national of that country when he or she was born Second-class citizen is an informal term used to describe a person who is systematically discriminated against within a State or other political jurisdiction Statelessness is the Legal and social concept of a person lacking belonging (or a legally enforceable claim to any recognised State. Gender and National Inclusion
- Trott, Philip D A. Dual Nationality
Dictionary
nationality
-noun
- (Cleanup of this sense is being sought)+: Membership in a particular nation or state, by origin, birth, naturalization, ownership, allegiance, or otherwise.
- National or ethnic character.
- A people sharing a common origin, culture, or language, and possibly constituting a nation-state.
- Political existence, independence or unity.
- (archaic) Nationalism or patriotism.