Nationality and Statelessness

Opeskin, B; Shearer, I

Nationality and Statelessness

Opeskin, B

Shearer, I

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Publisher:: Cambridge University Press
Publication Type:: Chapter
Citation:: Foundations of International Migration Law, 2012, pp. 93 - 122
Issue Date:: 2012

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Field	Value	Language
dc.contributor.author	Opeskin, B https://orcid.org/0000-0002-9393-3592	en_US
dc.contributor.author	Shearer, I	en_US
dc.contributor.editor	Opeskin, B https://orcid.org/0000-0002-9393-3592	en_US
dc.contributor.editor	Perruchoud, R	en_US
dc.contributor.editor	Redpath-Cross, J	en_US
dc.date.issued	2012	en_US
dc.identifier.citation	Foundations of International Migration Law, 2012, pp. 93 - 122	en_US
dc.identifier.isbn	9781139084598	en_US
dc.identifier.uri	http://hdl.handle.net/10453/52822
dc.description.abstract	Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad. Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.	en_US
dc.publisher	Cambridge University Press	en_US
dc.relation.ispartof	Foundations of International Migration Law	en_US
dc.relation.isbasedon	10.1017/CBO9781139084598.005	en_US
dc.title	Nationality and Statelessness	en_US
dc.type	Chapter
utslib.location	Cambridge	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.place-of-publication	Cambridge	en_US

Abstract:

Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad. Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.

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http://hdl.handle.net/10453/52822