NATIONALITY UNDER INTERNATIONAL LAW

Introduction

Nationality is a fundamental legal concept in international law that establishes the legal bond
between an individual and a state. It confers rights and obligations on individuals and determines
their legal identity on the international plane. Nationality influences various aspects of a person’s
life, including diplomatic protection, access to social benefits, and political rights. This paper
explores the concept of nationality under international law, the principles governing its
determination, and key case laws that have shaped its understanding.

Definition and Importance of Nationality

Nationality refers to the legal relationship between an individual and a state, distinguished from
mere residence or ethnicity. According to Article 1 of the 1930 Hague Convention on Certain
Questions Relating to the Conflict of Nationality Laws, “It is for each State to determine under its
own law who are its nationals.” This implies that nationality is primarily a matter of domestic
jurisdiction, but it has significant implications under international law.

Nationality plays a crucial role in:

 Diplomatic Protection: A state can exercise diplomatic protection over its nationals when
they face unjust treatment in a foreign country (e.g., Nottebohm Case).

 Human Rights Protection: Many rights under international human rights law apply to
nationals of a state.

 Jurisdictional Competence: Nationality determines the legal authority a state may have
over an individual.

Principles Governing Nationality under International Law

1. Principle of State Sovereignty

States have the exclusive authority to define their nationality laws, provided they comply with
international treaties and customary norms.

Modes of Acquisition of Nationality

Following are the modes of acquisition of nationality.

A. By Birth: A person acquires nationality of the state where he is born. He also acquires the

nationality of his parents at the time of his birth.

B. Naturalisation: Nationality may also be acquired by naturalisation. When a person living in a
foreign state for a long time acquires the citizenship of that state then it is said to be state of
nationality acquired through naturalisation.

In Nottebohm case, international court of justice held that in respect of grant of nationality there
is no obligation of the states if that man has no relationship with the state of naturalisation.

In this case, the court applied the principle of effective nationality.

C. By resumption: Sometimes it so happens that a person may lose his nationality because of
certain reasons. Subsequently, he may resume his nationality after fulfilling certain conditions.

D. By subjugation: When a state is defeated or conquered, all the citizens acquire the nationality

of the conquering state.

E. Cession: When a state has been ceded in another state, all the people of the territory acquires
nationality of the state in which their territory has been merged. In addition to the above
mentioned modes, there may be some other modes whereby a person may acquire nationality.
For example, if a person is appointed in the public service of another state, he acquires the
nationality of the state.

Loss of Nationality under International Law

There are several ways in which a person may lose nationality in various ways. Such as:-

By release: –

Some states give their citizens the right to give away their own nationality. The release can take
place only after the process of an application is made to the effect, and if it has been accepted by
the State concerned.

By deprivation: –

A national of a state may be deprived of a nationality in few cases. The cases are as follows if a
citizen enters into foreign civil or military service without permission, he will be deprived of his
nationality. According to Article 10 of Indian Citizenship Act 1955 for deprivation of citizenship by
an order of the Central Government it is thus satisfied.

registration or certificate of naturalization has been obtained by means of fraud ,false

representation or concealing of material fact.

If the person has been disloyal or disaffected to the Union of India by an act or speech Done by
prejudicial act or traded with an enemy while India is at war with that country.
A national or a registered citizen has been sentenced to any country to a term of two years to five
years from the date of registration.

If the person has continuously resided in a foreign country for seven years or more without being
a student, Central Government employee or international Civil Servant in any organization
recognized by India and also has not registered himself at an Indian Consulate.

Before depriving a person from citizenship, the Central Government is required to give a written
notice mentioning the ground for which the action is taken. Central Government in some cases
may refer the case of deprivation of citizenship to a Committee of inquiry consisting of a chairman
and two other members.

By renunciation: –

The question of renunciation may arise when a person acquires nationality in more than one
state.

By substitution: –

A person may lose the nationality of a State when he acquires the nationality in some other state
by naturalization. Its purpose is to ensure no person has dual citizenship. In such cases, nationality
of a person is substituted from one state to another state. However, the above provisions do not
apply to a citizen of India who during any war in which Indians maybe engaged, voluntarily
acquires the citizenship of another country until the Central government provides otherwise.

By expiration

A person may lose nationality of a state by expiration. Some states have provided by legislation
that citizenship expires in the case in such of their subjects as they have left their own country
and stayed abroad for a certain length of time.

When a person does not possess the nationality of any state, that person is known as a stateless
person. A person maybe without nationality knowingly or unknowingly, intentionally or through
no fault of his own. When an illegitimate child is born in a state which does not apply jus soli to
an alien mother under whose national law the child does not acquire his or her nationality or
where a legitimate child is born in a state to parents who does not have their own nationality. All
individuals who have lost their nationality without having acquired another are, in fact, stateless.
Such a situation may arise due to lack of uniformity in municipal laws of different states with
respect to the determination of nationality.

Case Laws on Nationality under International Law

1. Nottebohm Case (Liechtenstein v. Guatemala, 1955)

Facts: Friedrich Nottebohm, a German national, acquired Liechtenstein nationality in 1939.
Guatemala, where he had resided for years, refused to recognize his new nationality.

Ruling: The International Court of Justice (ICJ) held that nationality should reflect a genuine
connection between the individual and the state. Since Nottebohm had weak ties to
Liechtenstein, Guatemala was not obligated to recognize his nationality.

Significance: This case established the “genuine link” principle, emphasizing that nationality
should not be granted arbitrarily.

2. Barcelona Traction Case (Belgium v. Spain, 1970)

Facts: Belgium sought to protect shareholders of Barcelona Traction, a Canadian-registered

company, against alleged Spanish violations.

Ruling: The ICJ held that diplomatic protection is generally available to the nationality of
incorporation (Canada) rather than shareholders’ nationality.

Significance: This case highlighted the importance of corporate nationality in international law.

3. Nottebohm’s Relevance in Nationality Conflicts

The Nottebohm case has influenced subsequent decisions regarding nationality disputes. For
instance, in cases involving stateless individuals, courts have applied the “effective nationality”
principle.

Nationality and Statelessness

Stateless persons lack nationality under any state’s laws. International efforts to reduce
statelessness include:

 1954 Convention Relating to the Status of Stateless Persons: Defines rights of stateless
individuals.

 1961 Convention on the Reduction of Statelessness: Encourages states to prevent

statelessness by granting nationality under certain conditions.

Case Example: Pham v. United Kingdom (2015)

Facts: The UK attempted to revoke the nationality of a suspected terrorist, rendering him
stateless.

Ruling: The UK Supreme Court ruled that states must ensure that revocation does not lead to
statelessness unless international law provides exceptions.

Nationality in the Context of Dual and Multiple Nationalities

Dual nationality occurs when a person holds nationality from two states. Some countries allow it,
while others require renunciation of previous nationality.

Case Example: Genovese v. Malta (2011, European Court of Human Rights)

Facts: A child born to a Maltese father outside marriage was denied nationality.

Ruling: The court held that this denial violated non-discrimination principles.

Significance: The case underscored the role of human rights in nationality determination.