Intern a t i on a l La w

Nat io na li ty &
sta t el es sn es s
Presented by: Group 3
THE

HELMIE BENITO

W
 NATIONALITY
PRINCIPLE
The nationality principle pertains to
the jurisdictional concept in
international law, where a country
may assert legal authority over the
actions of its nationals regardless of
where those actions occur.
PROTECTIVE PRINCIPLE
The protective principle allows a
country to exercise jurisdiction over
certain actions that threaten its
security or governmental functions,
even if those actions are committed by
foreigners abroad. This is based on the
notion that the state has the right to
protect its national interests.
UNIVERSALITY PRINCIPLE
The universality principle allows
any state to assert jurisdiction
over certain crimes considered so
serious that they affect the
international community as a
whole. Such crimes include piracy,
genocide, war crimes, and crimes
against humanity.
FOR LISTENING!
active and passive
nationality
principle
Presented by: Stephanie Lorraine Cabahug
active nationality principle

Ex: A Filipino citizen can

It gives a state jurisdiction over
be prosecuted in the
the crimes committed by its
Philippines who
nationals regardless where it was
committed a crime
committed.
abroad under the
It is widely accepted under
active nationality
international law.
principle and RA 8239.
passive nationality principle
Ex: A high profiled U.S. citizen
The state may claim a jurisdiction who was abducted by terrorist
over crimes committed against during its mission in Iraq which
nationals by foreign individuals. allows the U.S. to prosecute
This principle is also terrorists who harms its
controversial but accepted with citizens abroad under the
certain limitations implied. passive nationality principle
and U.S. Anti-Terrorism Act.
 dual nationality &
multiple nationality
The International law recognizes dual nationality as some individuals hold
dual or multiple nationalities.
Conflict of jurisdiction over an individual
Resolves through bilateral or multilateral agreements
RA 9225 "Citizenship Retention and Reacquisition Act of 2003" or the
Dual Citizenship Law
 dual nationality multiple nationality
Jus Sanguinis Jus Sanguinis & Jus Soli

A child was born of parents who A child was born under the
has different nationalities birthright nationality laws and
parentage.
 Jus sanguinis
1. is a principle of nationality law by which nationality is
determined or acquired by the nationality of one or both
parents.

2. Children at birth may be nationals of a

particular state if either or both of their parents
have nationality of that state.
 Jus soli
1. A legal principle that determines a person's citizenship based
on their place of birth, rather than their parents' citizenship.

2. a rule of law that a child's citizenship is determined

by his or her place of birth.
 Jurisdiction of Dual Nationality

Dual nationality refers to a person's legal jurisdiction in all countries where they
hold citizenship, allowing them to pursue their actions in the courts of each
nation, regardless of the act's location.

In the Philippines, dual citizens are treated as full Filipino citizens under
Philippine courts, subject to the same legal processes and obligations, regardless
of their other citizenship, as long as they primarily allegiance is to the Philippines.
 Jurisdiction of multiple Nationality

Individuals with multiple nationalities are subject to the jurisdiction of all their
countries where they are citizens, potentially leading to complexities due to
potentially conflicting laws between nations.

In the Philippines, individuals with multiple nationalities are considered full Filipino
citizens under Philippine courts, subject to the same laws and legal processes as
their other citizenship, based on the principle of nationality jurisdiction, allowing a
country to exercise legal power over its citizens.
STATELESSNESS
WHAT IS STATELESSNESS?
Statelessness is the condition or status of an individual who does
not possess any nationality.
STATELESSNESS
This situation can arise under the following circumstances:

An individual is born without any nationality due to gaps in

national laws or conflicts between citizenship laws of different
countries.

De Jure Stateless Persons - individuals who loses their

nationality without retaining or acquiring another, often as a
result of legal or administrative actions by their former
government, leaving them without legal recognition by any
state.
STATELESSNESS
De Facto Stateless Persons

Individuals who possess a nationality but are not afforded

protection by their country outside its borders.

This individuals often referred to as refugees.

DAMNUM ABSQUE INJURIA
Any injury to the individual by a foreign jurisdiction is, legally
speaking, not a violation of his own right but of the right of his
state to the protection of its nationals; the right to complain
belongs not to him but to the state of which he is a national.

Exception: International Criminal Court in the case of The

Prosecutor v. Omar Hassan Ahmad Al Bashir (ICC-02/05-01/09)
Consequence of Statelessness
Statelessness adversely affects a person’s right to
exercise rights and privileges usually enjoyed by
citizens of a state.

a. the right to work

b. To own property
c. To access health care
d. To education
e. The ability to travel including the vital
right to leave and return
Consequence of Statelessness
No State can intervene or complain in behalf of the Stateless
person for an international delinquency committed by another
State in inflicting injury upon him;

He cannot be expelled by the State if he is lawfully in its

territory except on grounds of national security or public
order; and

He cannot avail himself of the protection and benefits of

citizenship like securing for himself a passport or visa and
personal documents.
Conditions which were promulgated by under
The Hague Convention to prevent
Statelessness

A contracting state shall grant its nationality to a person

born in its territory who would otherwise be stateless.

A contracting state shall grant its nationality to a person,

not born in the territory of a contracting state, who would
otherwise be stateless, if the nationality of one of his parents
at the time of the person’s birth was that of that State.
Does the Philippines grant nationality to a
child born in the Philippines who is
stateless?
 How does a Stateless person acquire citizenship?

1. Operation of law at a fixed age upon application

Citizenship Law of the Republic of Italy (1992)

Article 4. A stateless person who had his legal place of residence in Italy
uninterruptedly until the reaching of full age, becomes Italian national if he
declares he wants to acquire Italian citizenship within one year after that
date.

Drill P. Bangcayaon
2. Naturalization- is the legal process by which a foreign national or stateless person
becomes a citizen of a country. It typically involves fulfilling certain criteria set by the
country, such as residency requirements, language proficiency, knowledge of the
country’s culture and laws, and sometimes financial stability.
Japan Nationality Act (Act No. 147 of 1950）
Article 8 The Minister of Justice may permit naturalization of a foreign national if: (IV) a
person who was born in Japan, never had any nationality since the time of birth, and
continuously has a domicile in Japan for three years or more since that time

GENERAL REQUIREMENTS
Must have lived in Japan for at least three (3) consecutive years, valid resident status, such as a
permanent resident, spouse of a Japanese national, or long-term resident. The applicant must
demonstrate good conduct, obey Japanese laws, and have a clean criminal record. There is
basic understanding of the Japanese language, customs, and culture.
 What are the obligations of a Stateless person to
the state where he finds himself and vice versa?
Every stateless person has duties to the country in which he finds himself,
which require in particular the he conform to its laws and regulations as
well as to measures taken for the maintenance of public order. In return,
the state has the responsibility to protect the rights and welfare of the
stateless person, offering them legal protections and access to services.
The state should also help facilitate the acquisition of nationality or assist
in resolving the individual's stateless status in accordance with
international laws.
 Rights of a
Stateless Person

Kimberly Ariston
Under the Convention in Relation to
the Status of Stateless Persons, the
contracting States agree to accord
the treatment of stateless persons
within their territories at least as
favorable as that accorded to their
nationals.
 Rights of Stateless person
Freedom of Religion Elementary Education

Access to the Courts

Public Relief and
Rationing of Products in Assistance
Short Supply

https://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-
Stateless-Persons_ENG.pdf.
 QUESTION:
Do they have the right, as a Stateless person,
to be issued an identity paper?

Article 27. Identity Papers

The Contracting States shall issue identity papers to any stateless

person in their territory who does not possess a valid travel
document.
 Who is an alien?
- In relation to a State, an alien is any person
who is not one of its
nationals.
 Distinction of the Rights
between Nationals and Aliens
Rights of Nationals
Apart from the basic human
rights under Internal Conventions
and laws, rights of nationals are
prescribed by their State.

Rights of Aliens
As prescribed under international
law standards.
 STATELESS PERSON
VS.
REFUGEE

JILLIAN DREA MARIE H. AMION

Similarities:

are outside the country of their nationality or

habitual residence
lack the ability to exercise rights and
privileges typically enjoyed by citizens
have a right to be issued identity papers when
they lack valid travel documents
cannot be expelled from their country of
residence except on grounds of national security
or public order
Differences:

Statelessness is a condition where an individual is not considered

a national by any state. This can occur if a person is born
without any nationality or loses their nationality without
acquiring another.

two categories of stateless individuals:

De jure stateless persons are those who have been stripped of

their nationality by their former government without the
opportunity to acquire another.

De facto stateless persons are those who possess a nationality but

whose country does not offer them protection outside their
borders.
Differences:

Refugee status is conferred upon individuals who are

outside their country of nationality or habitual
residence due to a well-founded fear of persecution
based on race, religion, nationality, membership in a
particular social group, or political opinion. This
includes stateless persons who are outside their country
of habitual residence

Refugees have a right of non-refoulement, which means

they cannot be returned to a place where they risk being
persecuted, while this right is not explicitly mentioned
for stateless people
 Rights of Stateless Persons: Rights of Refugees:
Non-Discrimination
Right to Religion Freedom of Association
Wage-Earning Employment
Access to Courts Free Access to Courts
Identity Papers
Elementary Education Protection from Expulsion
Non-Refoulement
Public Relief and Assistance: Liberal Professions
Self-Employment
Treatment as Aliens Housing
Artistic Rights and Intellectual
Identity Papers Property
Freedom of Religion
Protection from Expulsion Elementary Education

Key Differences:

The right of non-refoulement is a key distinction, as it is a right explicitly afforded

to refugees but not specifically mentioned for stateless persons.

The basis for their status differs, with statelessness arising from nationality issues,
and refugee status resulting from a well-founded fear of persecution
May a person be expelled from his country of
residence? On what grounds?

No, Article 31 of the Convention relating to

the Status of Stateless Persons states that
“the contracting States shall not expel a
Stateless person lawfully in their territory
save on grounds of national security or
public order.
 RESOLUTION OF
STATELESSNESS &
NATIONALITY
DISPUTES
by: Khissyl P. Cagulang
 .

Background Information

In 2012, the Philippines and Indonesia identified over 6,000 stateless Persons
of Indonesian Descent (PIDs) in Southern Philippines. In 2014, both countries
launched a citizenship registration process. By 2016, 8,745 PIDs were
registered, and 664 in Glan, Sarangani, had their citizenship confirmed. This
shows the importance of addressing statelessness through cooperation.
Resolution of Statelessness

A. Naturalization as
a Remedy for
Statelessness
C. Role of Courts in
Addressing
B. International
Cooperation Statelessness
 UNHCR recommends that the Government of the Philippines:

a) Accede to the 1961 Convention on the Reduction of Statelessness;

b) Fully adopt and implement the 2015 National Action Plan to End Statelessness;

c) Take further measures to ensure the birth registration of the children of refugees,
asylum-seekers and children at risk of statelessness;

d) Ensure the effective implementation of the Muslim Mindanao Autonomy Act No.
293 in ARMM with a view to reducing the number of unregistered children, especially
in conflict-affected areas, and encourage other local Government units to similarly
assess and eradicate impediments to an effective and free birth registration; and

e) Undertake a review of the existing nationality-related legal and administrative

framework with a view to ensuring the right of everyone to nationality without any
discrimination, and protecting groups at risk of statelessness, including foundlings.
 Resolution of Nationality disputes
The Philippines has established legal frameworks to address nationality
disputes, particularly concerning the reacquisition and retention of citizenship.
Republic Act No. 9225: Citizenship Retention and Re-acquisition Act of 2003

1. Domestic court
2. Naturalization process
3. International treaties and norms:
4.Diplomatic channels
5.International Court of Justice (ICJ):
 RULE ON FACILITATED
NATURALIZATION OF

REFUGEES
AND
STATELESSNESS
PRESENTED BY: ISHA KIRSTEN ADRALES
THE RULE ESTABLISHES A
PROCEDURE FOR REFUGEES
AND STATELESS PERSONS TO
ACQUIRE PHILIPPINE
CITIZENSHIP.
e.g lack documentation and resources required for
naturalization
 PHILIPPINES' COMMITMENT TO
INTERNATIONAL HUMANITARIAN
STANDARDS AND ITS
OBLIGATIONS UNDER THE

1951 REFUGEE CONVENTION

AND THE 1967 PROTOCOL
 Qualification for facilitated
naturalization:

status as refugee or Residency requirement GOOD moral character

stateless person or physical presence
proof of status through A residency requirement assessment through
documentation from or physical presence of 1- interviews and
UNHCR or other relevant 2 years background checks
authorities
 rights of applicants
RIGHTS OF APPLICANT THROUGH THE NATURALIZATION
PROCESS

THE RIGHT TO LEGAL COUNSEL AND ASSISTANCE.

THE RIGHT TO A FAIR AND IMPARTIAL HEARING.
PROTECTION FROM REFOULEMENT, ENSURING THAT
APPLICANTS ARE NOT RETURNED TO COUNTRIES
WHERE THEY MAY FACE PERSECUTION.
 application process
SUBMISSION OF APPLICATION DECISION AND OATH OF
1. OR PETITION 3. ALLEGIANCE
submit to the DOJ-RSPPU the
application along with supporting Upon approval, applicants will be
documents required to take an oath of
allegiance to the Republic of the
Philippines, completing their
transition to citizenship.
2. INTERVIEWS/ ASSESSMENTS
conduct interviews to assess
credibility of the applicants'
claims and their eligibility for
naturalization.
the petitoner or applicant
shall also allege the
following:
able to speak and write in any of the
principal Philippine languages (may be
1. alleged but not necessarily required)
require
must have some known trade, profession, or
occupation for as long as the petitioner would not
2. become a public charge or an economic burden to the
society, or that the petitioner could serve as a
potential asset to the country
Type yourtostatement.‌
Where file the petition?

True
The Regional Trial Court (RTC) of the locality in
which
the petitioner has resided at least one (1) year
False

Submit‌

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Type
Whoyour
maystatement.‌
file the petition ?

True
A joint
petition may be filed by immediate family
members, related either by consanguinity or
False affinity.

Submit‌

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THANK YOU FOR LISTENING