Nationality and Statelessness

Read this post in conjunction with Citizenship. Unlike local laws, international law uses citizenship and nationality interchangeably. Nationality is membership in a political community together with its corresponding rights and duties. The 1930 Hague Convention allows each state to identify who are its nationals under its own laws and that questions of nationality are to be determined in the same manner.

There are 3 modes of acquiring nationality:

1.) Birth

If the state follows the jus soli rule, a person is a citizen of the country he's born in (like the US.) If the jus sanguinis rule is used,  the citizenship of the parents determines the citizenship of the child (which is what the Philippines follows.)

2.) Naturalization

A natural-born citizen of one country becomes a naturalized citizen of another country either through that country's legal processes or an act of its government (ex. passing a law conferring citizenship on the national of another country or handing him a passport.) The home state doesn't need to recognize this change (doctrine of indelible allegiance.) In fact some countries have laws that state that a person who acquires a new nationality doesn't lose his old one except if he follows certain requirements.

3.) Repatriation

Naturalized citizens of one country who lost the citizenship of their home country can recover it through the home country's legal processes. RA 8171, for instance, lays down the requirements for Filipinas who lose their citizenship by marriage to foreigners.

4.) Subjugation

One state conquers the territory of another and makes the inhabitants its citizens.

5.) Cession

The opposite of subjugation. A state surrenders territory to another and the inhabitants of that territory become citizens of the other state.

Nationality is lost by the following means:

1.) Release

Some states give their nationals the right to ask to be released from their nationality.

2.) Deprivation

A state can deprive its nationals of citizenship if they perform a certain act under another country's jurisdiction. The Philippines, for example, under CA 63, considers Filipinos who join the military of another state to have lost Philippine citizenship.

3.) Renunciation

Same thing under CA 63.

4.) Substitution

The new nationality replaces the old one.

Because different countries have different rules on citizenship due to factors such as the jus soli and jus sanguinis rules, there are curious instances when a person who is a national of one country can also be a national of another (or even more!) This is known as dual or multiple citizenship/nationality. The Philippine policy on dual/multiple citizenship is that it allows dual/multiple allegiance is prohibited by the constitution but multiple/dual citizenship isn't allowed. 

Under the 1930 Hague Convention, a person with 2 or more nationalities is regarded by the states where he possesses nationality as a national of the state in question. The most common example is that of Filipino-Americans, who are considered as Philippine citizens under Philippine law and American citizens under US law. When a person with more than 1 nationality travels to another country where he isn't a citizen, that country has the option to treat him as a national of either, but not both, countries. A Filipino-American travelling to India, for instance, would be considered by the Indian government as either a Filipino or US citizen. In making the decision, the host state will determine which country the person with dual citizenship is more closely connected or habitually resides in (principle of effective nationality.) If a person has dual citizenship 1 country where he is a citizen can't give him diplomatic protection against the other country where he's also a citizen. The US, for instance, can't give diplomatic protection to Filipino-Americans in the Philippines under international law.

A person with dual/multiple nationality due to circumstances beyond his control (like birth, for instance,) can renounce one of them with the permission of the state in question, provided he complies with the requirements. If that person lives in another country, the state requested can't deny an application for renunciation.

Statelessness

Statelessness is having no nationality, either because of being born without one or having lost it. Stateless persons have the following rights:

1.) Freedom of religion (including the religious education of their children)

2.) Access to the courts

3.) Rationing of products in short supply

4.) Elementary education

5.) Public relief and assistance

6.) Labor legislation and social security

The following rights of stateless persons are subject to regulation:

1.) Acquisition of real and personal property

2.) Association in non-political and non-profit organizations and trade unions

3.) Gainful employment and practice of liberal professions

4.) Housing and public education other than elementary education

5.) Freedom of movement