Nationality
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Conflict of laws |
Preliminiaries |
Characterisation Incidental question Renvoi · Choice of law 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 · Talaq) Property · Succession Trusts |
Enforcement |
Mareva injunctions Anti-suit injunctions |
Nationality is the 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.
By custom, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness and the European Convention on Nationality.
The word citizenship is often used in a different sense from nationality. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. The term national includes both citizens and non-citizens. Alternatively, nationality can refer to membership in a nations (collective of people sharing a national identity, usually based on ethnic and cultural ties and self-determination) even if that nation has no state, such as the Basques, Kurds, Tamils and Scots.
Individuals may also be considered nationals of groups with semi-autonomous status which have ceded some power to a larger government, such as the federally recognized tribes of Native Americans in the United States. Spanish law recognises the autonomous communities of Andalusia, Aragón, Catalonia, Valencia, Galicia and the Basque Country as "nationalities" (Nacionalidades).
[edit] See also
- Blood quantum laws
- Demonym
- Imagined communities
- Intersectionality
- jus soli
- jus sanguinis
- Meta-ethnicity
- Nationalism
- Second-class citizen
- List of nationalities
[edit] References
White, Philip L. (2006). "Globalization and the Mythology of the Nation State," In A.G.Hopkins, ed. Global History: Interactions Between the Universal and the Local Palgrave Macmillan, pp. 257-284.
[edit] External links
- Grossman, Andrew. Gender and National Inclusion
- Trott, Philip D A. Dual Nationality
- White, Philip L. "Globalization and the Mythology of the Nation State," In A.G.Hopkins, ed. Global History: Interactions Between the Universal and the Local Palgrave Macmillan, 2006, pp. 257-284.[1]
- Lord Acton, Nationality (1862)
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