Nationality and Statelessness

FOUNDATIONS OF INTERNATIONAL MIGRATION LAW, Brian Opeskin, Richard Perruchoud and Jillyanne Redpath-Cross, eds., Cambridge University Press, 2012

26 Pages Posted: 17 Jun 2011

See all articles by Brian Opeskin

Brian Opeskin

University of Technology Sydney

Ivan Shearer

affiliation not provided to SSRN

Date Written: 2011

Abstract

This chapter discusses the principles of international law that regulate nationality and statelessness. Nationality is the legal bond of membership that may exist between an individual and a State, calling forth duties of allegiance from the individual and protection from the State. Statelessness is a situation in which an individual has no bond of nationality with any State. The chapter describes the circumstances in which nationality is acquired by birth or later naturalisation, and the circumstances in which it is lost through voluntary renunciation, revocation by the State, or extinction of the State. The chapter then considers how an individual may be born stateless or become stateless, the human rights that stateless persons enjoy under special and general human rights instruments, and the measures that have been taken to reduce statelessness and thus give individuals, "the right to have rights." The chapter pays special attention to issues of multiple nationality, nationality upon State succession, and evidence of nationality. It concludes by considering how nationality and its absence (statelessness) affect international migration through entry and exit, and the human rights of migrants.

Keywords: nationality, citizenship, allegiance, protection, jus soli, jus sanguinis, birthright citizenship, birth tourism, naturalisation, dual nationality, multiple nationality, evidence of nationality, state succession, statelessness, human rights, international migration, Nottebohm Case, Bihari People

Suggested Citation

Opeskin, Brian and Shearer, Ivan, Nationality and Statelessness (2011). FOUNDATIONS OF INTERNATIONAL MIGRATION LAW, Brian Opeskin, Richard Perruchoud and Jillyanne Redpath-Cross, eds., Cambridge University Press, 2012. Available at SSRN: https://ssrn.com/abstract=1863587

Brian Opeskin (Contact Author)

University of Technology Sydney ( email )

Faculty of Law
University of Technology Sydney
Sydney, New South Wales 2007
Australia
+61-2-95149670 (Phone)

HOME PAGE: http://www.uts.edu.au/staff/brian.opeskin

Ivan Shearer

affiliation not provided to SSRN ( email )

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