NATIONALITY

A research proposal submitted in partial fulfillment of the course Private International Law - for
the requirement of degree of B.A., LL.B. (Hons.) for the Academic Session 2022-23.

Private International Law

Submitted by:
Andlib Imrose

B.A., LL.B. (Hons.)

5th Year, 9th Semester

Roll no. 1915

Submitted to:

Dr. P.P. Rao

Faculty: IX Semester - Private International Law

August, 2022

CHANAKYA NATIONAL LAW UNIVERSITY

PATNA

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INTRODUCTION

Private international law is a branch of law that deals with a person’s individual relationship
with another person as well as the states outside the domestic territory. It includes nationality,
domicile and the conflict of laws. Nationality is a bond that links an individual to a state in
order for him/her to seek political and international protection of that state. Domicile is a
person’s “habitual residence”. There are important principles of domicile. Everyone is born
with a domicile of origin which is persistent and difficult to lose. Another kind of domicile is the
domicile of choice which can be acquired by a residence with an intention to reside for an
indefinite period.
The term “nationality” has many legal connotations as well as historical and political overtones.
For the purposes of this discussion, the term “nationality” is used as defined, rather successfully,
by Maridakis 1Nationality is a public law bond between an individual and a country or state,
pursuant to which that individual belongs to the people2 of that country or state.

Nationality and its principles are among highly important issues in private international law
because this field deals with the legal relationship between individuals with different nationality
and the difference between laws are caused by difference between nationalities and it is
nationality that is manifested as the most outstanding sign of geographical divisions of
individuals such that it separates the individuals of one state from others.

1
Maridakis, Private International Law, Vol. II, 248 et seq. (2nd edition, 1968) [in Greek].
2
“People” is defined as the total number of individuals having the nationality of a country, wherever these
individuals may be located; “population” is defined as the total number of individuals (nationals or non ‐nationals)
that are present within a country at a given time of a census. See Krispi ‐Nikoletopoulos, Nationality Law, 42 et seq.
(1965) [in Greek].

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Hypotheses

 It is common in private international law practice for the court to face some setbacks in
determination of whether domicile or nationality is a determining factor as to the question
of which law should be applied.
 It is easily ascertainable; there are opaque proofs of nationality which are understood
without application of complex legal technicalities.

Sources of Data

The researcher has utilized the primary and secondary sources of information in the project. The
primary sources include judicial enactments, international enactments etc. The secondary sources
books, web journals, magazines, articles and blogs.

Objective of the Study

The main objective of this research is to determine the impact the duty of one State to
“recognise” the nationality laws of other States, which the Convention creates or confirms upon
the shape which domestic nationality codes take and to seek to discover whether the existence of
any such duty influences the manner in which nationality questions are dealt with by domestic
courts.

Research Questions

 Why is Nationality important?

 Whether the application of choice of law is dependent on the question of law which the
parties choose to apply or is it when a question regarding their nationality arises?
 Whether it is for each State to determine under its own law who are its nationals?

Limitation

There was limited access to data. The time available to study research problem and to measure
change over time is constrained by the deadline of the assignment.

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CHAPTERIZATION

Chapter 1. Introduction

Chapter 2. The concept of Nationality and legal constructions

Chapter 3. Domicile and Nationality Contrasted

Chapter 4. Important Doctrines of Nation-State Judicial Decisions

Chapter 5. The Duty to Recognise Foreign Nationality Law

Chapter 6. Conclusion

The concept of Nationality and legal constructions

Every nation determines who its nationals are under its own law. This law must be consistent
with international conventions and customs pertaining to questions of nationality. Possession of
an updated collection of nationality laws on the part of the States is yet another important step.
“Everyone has the right to be a citizen of their own country. 3 No one should be unilaterally
stripped of his or her nationality, nor shall anybody be denied the freedom to change his or her
nationality.” 4Article 15 of the UDHR grants everyone the right to be a citizen of a state with
those simple terms.5 Despite the existence of appropriate international law on citizenship,
millions of people around the world remain stateless. They have no state. According to recent
research, there are around eleven million persons worldwide who are stateless. However, this
figure is only a guess.6 However, this figure is only a guess.7 Because governments are generally
not hesitant to publish information regarding statelessness, it has been extremely difficult for
groups to acquire precise data on the number of stateless people. 8 A stateless person is defined as

3
Jubaer, S. M. O. F., Hoque, L., & Banik, D. Jurisdiction and the Law of Jurisdiction in International Law
4
Fawcett, J. J. (1995). Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the
International Academy of Comparative Law, Athens, August 1994 (Vol. 14). Oxford University Press.
5
Jubaer, S. M. O. F. Notes on the Conflict and choice of Laws
6
Jubaer, S. M. O. F. BASIC GUIDELINES TO COMPARATIVE CONSTITUTIONAL LAW: AN IDEOLOGICAL AND
METHODICAL DISCUSSION.
7
Eberhardt, M. S., & Pamuk, E. R. (2004). The importance of place of residence: examining health in rural and
nonrural areas. American journal of public health, 94(10), 1682-1686.
8
Hartley, T. C. (2009). International Commercial Litigation: text, cases and materials on private international law.
Cambridge University Press

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"a person who is not regarded a national by any State under the operation of its law," according
to Article 1 (1) of the 1954 Convention on the Status of Stateless Persons. The 1954 United
Nations Convention on the Status of Stateless Persons defines who is a stateless person and
ensures that stateless people have equal access to fundamental rights and freedoms. This
definition implies that if a person needs to show his or her statelessness, he or she must prove a
negative: that he or she has no legal ties to any country. Under its laws, each country determines
who its citizens are.9 This law must be following international conventions and customs on
nationality issues. A state's possession of an up-to-date set of nationality laws is still another
critical stage.

There are few common principles regarding Private International Law: In international law,
nationality entitles a person to the political protection of his or her home country. By conferring
certain fundamental rights,10 states can provide political protection to their citizens in the
international arena, and nationals of a state include natural and legal individuals. This is
accomplished through the use of diplomatic protection, which is an international law system that
is still used by states to ensure that their citizens are treated fairly when they travel.

 Everyone should have a nationality (negation of statelessness) One of the most essential
aspects of the law of nationality is that everyone should be a member of a specific ethnic
group. The elimination of the problem of statelessness would be aided if everyone
belonged to a specific nation-state.
 Having only one nationality (negation of dual nationality) It is common for people to gain
dual citizenship. Dual nationality, on the other hand, is proven to have a detrimental
impact on assimilation, political connectedness, and social integration.
 . The ability to switch nationalities. The right to nationality is considered a basic human
right.11 This includes each person's right to acquire, change, and keep their nationality.

While domicile is the criterion used in common law jurisdictions to determine certain conflict of
laws issues. In such jurisdictions, the determination of one’s nationality may be conditioned on
one’s political allegiance, parentage, place of birth, or naturalization. Thus, a person may be

9
Cheshire, G. C. (1935). Private international law. LQ Rev., 51, 76.
10
Panagopoulos, G. (2000). Restitution in private international law. Hart Publishing.
11
Kiestra, L. R. (2014). The impact of the European Convention on Human Rights on private international law.
Springer.

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domiciled in one country, yet may be a national of another country. As with domicile, different
jurisdictions may apply different standards in determining an individual’s nationality. Thus, two
or more countries may claim an individual as its national. Furthermore, some jurisdictions, such
as Switzerland, employ a mixed system of domicile and nationality, whereby the domiciliary rule
is applied to both foreigners living within the jurisdiction and its nationals living abroad.

The traditional ordering process for determining choice of law issues in common law
jurisdictions is that the law of the jurisdiction of domicile governs the disposition of personal
property (often referred to as movables), and the law of the situs governs the disposition of real
property (often referred to as immovables). Civil law jurisdictions, however, often refer to
nationality for determining choice of law issues.

 Formal Validity, Revocation, and Testamentary Capacity

In response to the need for uniform international regulation, the Hague Conference on
Private International Law met in 1960 to draft certain conflicts rules relating to the form
of testamentary dispositions.12 Nineteen countries participated and a multireference rule
for recognizing the validity of the execution of wills was adopted. 13 Under article 1 of the
Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions,
a testamentary disposition is formally valid if it complies with the internal law of (1) the
place of execution, (2) the nationality of the testator either at the time of execution or of
death,14 (3) the place where the testator had a habitual residence either at the time of the
disposition (execution) or of death, and (4) the situs if the assets are real property. These
same places of reference are also applied to the formal validity of a revocation.
12
Kurt Nadelmann, The Hague Conference on Private International Law, Ninth Session, 9 AM. J. COMP. LAW 583
(1960).
13
The Ninth Session of the Hague Conference was comprised of representatives of the governments of eighteen
member states—Austria, Belgium, Denmark, Finland, France, West Germany, Greece, Italy, Japan, Luxembourg,
the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, the United Kingdom, and Yugoslavia. The United
States sent an observer delegation. To date, the Convention on the Conflicts of Laws Relating to the Form of
Testamentary Dispositions has been entered into force by forty-one contracting states including the following
member states: Australia, Austria, Belgium, China, Croatia, Denmark, Estonia, Finland, the former Yugoslav
Republic of Macedonia, France, Germany, Greece, Ireland, Israel, Japan, Luxembourg, the Netherlands, Norway,
Poland, Slovenia, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. The Convention has also been
entered into force by a number of nonmember states, including Antigua and Barbuda, Botswana, Fiji, Grenada and
Mauritius. For a full status report, see Hague Conference on Private International Law, Full Status Report
Convention #11, http://www.hcch.net/index _en.php?act=conventions.status&cid=40 (last visited Oct. 12, 2012).
14
Whether the testator had his or her domicile in a particular place under article I is to be determined by the law of
that place. Article 9, however, allows contracting states to reserve the right to determine where the testator was
domiciled according to foreign law.

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 (d) 1989 Hague Convention on Succession. In 1989, the Hague Convention on the Law
Applicable to Succession to the Estate of Deceased Persons (1989 Convention) approved
a draft of conflict rules to regulate matters concerning the devolution of property. 15 To
date the proposal has not been ratified by the United States, and only Argentina,
Luxembourg, the Netherlands, and Switzerland have signed the Convention.16
Very generally, the 1989 Convention provides conflict rules for countries that are parties,
absent a specific designation of applicable law by the testator. It abandons the traditional
distinctions between immovable and movable property and abolishes concepts of
domicile and situs, substituting the concepts of “habitual residence” and “nationality” and
applying these concepts to both immovable and movable property.
The 1989 Convention sets forth the testator’s right to designate the law that will govern
succession to the “whole of [the] estate.” The testator may choose either the law of
habitual residence or nationality at the time the testator makes his or her will, or the law
of habitual residence or nationality at the time of his or her death. Moreover, the testator
may incorporate by reference into the will the substantive law of any legal system to
govern particular assets within his or her estate. However, a testator may not designate a
law applicable to particular assets that would contravene the succession principles of the
law governing the whole estate.
Domicile and Nationality Contrasted
The underlying policies of multiculturalism and globalization justified an important change in
the choice of connecting factors in the modern choice‐of‐law process. The traditional debate
between nationality and domicile gave way to the emerging connecting factor of habitual
residence.17The harmonization process also “invaded” areas of the law that were traditionally
considered more “sensitive” areas, such as family and succession law.18
15
See Convention on the Law Applicable to Succession to the Estates of Deceased Persons, Aug. 1, 1989, 28 I.L.M.
150 (1989), reprinted in 2 Proceedings of the Sixteenth Session of the Hague Conference on Private International
Law 515 (1990). As of October 12, 2012, the 1989 Convention on Succession was not in force. See
http://www.hcch.net/index_en.php?act=conventions.status&cid=62 (last visited Oct. 12, 2012).
16
HENRY CHRISTENSEN, INTERNATIONAL ESTATE PLANNING § 5.06[4] (2D. ED. 1999). A FULL
STATUS REPORT OF THE 1989 CONVENTION IS AVAILABLE AT http://www.hcch.net/index_en.php?
act=conventions.status&cid=62 (last visited May 31, 2012).
17
Vrellis, Private International Law, 80 (3rd edition, 2008) [in Greek].
18
Family and succession law issues were originally excluded from E.C. compe‐ tence, only to be added in later
Treaty amendments by way of special procedure (“enhanced cooperation”). See Article 328(1) TFEU. See also
recital 8 of the pream‐ ble to Regulation (E.U.) 1259/2010; recitals 7 and 8 of the preamble to Regulation (E.U.)
650/2012.

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Every natural person has (or ought to have) a “homeland,” that is, a legal, persistent (and perhaps
emotional) relationship with a state or nation. This relationship is important for a variety of
reasons. For immigration purposes, a person “belonging” to a particular country may reside and
work there or, when traveling abroad, the person may seek diplomatic protection with the
consular authorities of her country.19 For jurisdictional purposes, a person may be sued before
her home court.20 And, more importantly and germane to our discussion, with respect to personal
status, the validity of important juridical acts (e.g., marriage, adoption, testament, etc.) or the
existence of crucial juridical facts (e.g., kinship, parenthood, etc.) will be determined by the
personal law, that is, the law of the state or country with which the person is more closely
connected.21

For centuries, conflicts scholars have debated what that personal law should be. Two were the
prime candidates: the law of nationality (lex patriae) and the law of domicile (lex domicilii). 22

Domicile of origin is the domicile obtained by a person at birth; it will usually derive from the
domicile of a parent or it will attach to the place of birth. In effect, domicile of origin will often
coincide with nationality. A person may abandon her domicile of origin in favor of a new
domicile of choice. To effect such a change, an intent to take a new abode and to abandon the old
must be manifested. It is possible, how‐ ever, that the domicile of origin may revive in cases
where the domicile of choice is abandoned and no new domicile of choice is designated.23

The concept of domus was known in Roman law and still retains its importance in the civil law.
24
Here, however, we discuss domicile as a connecting factor in the choice ‐of ‐law process. For the
purposes of our discussion, we will adopt Story’s popular definition of domicile: 25 “That is

19
Vrellis, Immigration Law, 15 et seq. (2nd edition, 2003) [in Greek]; Pa‐ pasiopi‐Pasia & Kourtis, Immigration Law,
4 et seq. (3rd edition, 2007) [in Greek].
20
Article 4 of Regulation (E.U.) 1215/2012.
21
Hay/Borchers & Symeonides, Conflict of Laws, §§4.30 et seq. (5th edition, 2010).
22
Grammaticaki‐Alexiou, Domicile of the Natural Person in Private International Law, passim (1980) [in Greek]·de
Winter, ‘Domicile or nationality? The present state of affairs,128RCADI 347 (1969 ‐III); North, ‘Reform but not
revolution – general course on private international law’,220 RCADI 26, 141 (1990‐I); Cavers, ‘Habitual residence:
a useful concept?’, Am. U. L. Rev. 475 (1972); Vrellis, Private International Law, 80 [in Greek]
23
Graveson, Conflict of Laws, 185 et seq. (7th edition, 1974); Reese, ‘Does domicile bear a single meaning?’, 55
Colum. L. Rev. 589 (1955)
24
See, e.g., Windscheid/Kipp (ed.), Lehrbuch des Pandektenrechts §§ 36, 55 (8th edition, 1900); Balis, General
Principles of Civil Law, § 14 (8th edition, 1961) [in Greek].
25
Story, Conflict of Laws, § 41 (8th edition, 1883); see also Restatement (Second) Conflict of Laws, §§ 11, 12 (1971).

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properly the domicile of a person where he has his true, fixed, permanent home and principal
establishment, and to which, whenever he is absent, he has the intention of returning.”

As a connecting factor, domicile is particularly useful in the United States and the United
Kingdom, where the need arises for assimilation of the inflowing population. Application of the
local law of the domicile, instead of a multiplicity of national laws, is a practical necessity. 26 In a
federal nation, such as the United States, domicile is in particular attached to the State (that is,
the territorial unit) with which a person retains a persistent relationship. Nationality (citizenship)
still retains its importance in public law, although the principle of jus soli is usually applied for
the acquisition of national citizenship at birth.

Although domicile seems to serve the practical needs of a multicul ‐ tural society, nevertheless
the peculiarities of common law domicile become apparent in the international conflict of laws,
especially when a civil law court is called to apply the common law concept of domicile.

For example, suppose a Greek court, by application of Greek choice ‐ of ‐law rules, is called to
apply the national law of a United States citizen to determine the law applicable to this person’s
succession.27 In essence the Greek judge is instructed to apply “United States law” to the
succession. Naturally, “United States law” must refer to the law of a State of the United States.
In this example, the solution could be pro‐ vided by the definition of “state citizenship” in the
United States Con‐ stitution28 for citizens of the United States are citizens “of the state wherein
they reside” and, in this context, residence means domicile. Consequently, a choice ‐of ‐law
reference by a Greek court to “United States law” as the national law of a person will include a
reference to the law of the state wherein this person is currently domiciled. This reference
provides an easy transition from national law to common law domicile.

26
See Nygh, ‘The reception of domicil into English private international law, 1 Tasmanian U. L. Rev. 555 (1961)
27
According to Article 28 of the Greek Civil Code, succession is governed by the national law of the decedent at the
time of death. We refer to this provision for the needs of this example (Note, however, that this rule has been
replaced pursu‐ ant to Regulation (E.U.) 650/2012).
28
According to the first sentence of the first section of the 14th Amendment to the U.S. Constitution: “All persons
born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States
and of the state wherein they reside.” (emphasis added).

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However, this transition does not work well when there is no rule of reference 29 or when the
United States person in our example is domiciled outside the United States and, therefore,
maintains a United States citizenship but has abandoned her state citizenship. A possible solution
in this case would be to refer, by a limited renvoi, the issue to the current law of the domicile
outside the United States. Another solution, particularly followed in the United Kingdom, would
be to refer to the law of the domicile of origin, even though it was abandoned by that person
when she moved to another State or abroad.30

These peculiarities of domicile have been critiqued by common law commentators who argue in
favor of a less rigid system for the designation of the personal law.

The term “nationality” has many legal connotations as well as historical and political overtones.
For the purposes of this discussion, the term “nationality” is used as defined, rather successfully,
by Maridakis:31 Nationality is a public law bond between an individual and a country or state,
pursuant to which that individual belongs to the people32 of that country or state.

As mentioned, nationality is important in several areas of public law. Here, we discuss

nationality as a connecting factor designating the applicable law to the personal status of an
individual (natural person).

As a connecting factor, nationality dominated the scene in the private international law of
Continental Europe. Virtually all choice‐of‐ law rules concerning marriage, 33 incidents of

29
For example, the United Kingdom has no rule for allocation of domicile be‐ tween England and Wales, Scotland,
and Northern Ireland. Nevertheless, a choice‐ of‐law reference to “British law” or “United Kingdom law” will most
likely refer to domicile, even though there is no rule to allocate such domicile to one of the terri‐ torial units of the
United Kingdom. See Cheshire, North & Fawcett, Private Interna‐ tional Law, 159 et seq. (14th edition, 2008).
30
See, e.g., Re O’Keefe [1940] 1 ALL ER 216, and critique in Cheshire, North & Fawcett, 159 et seq.
31
Maridakis, Private International Law, Vol. II, 248 et seq. (2nd edition, 1968) [in Greek].
32
“People” is defined as the total number of individuals having the nationality of a country, wherever these
individuals may be located; “population” is defined as the total number of individuals (nationals or non‐nationals)
that are present within a country at a given time of a census. See Krispi‐Nikoletopoulos, Nationality Law, 42 et seq.
(1965) [in Greek].
33
Substantive and formal validity of the marriage are determined by the na‐ tional law of the parties to the
marriage (see Article 13 of the Greek Civil Code).

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marriage,34 divorce,35 children,36 and succession37 pointed to the national law (lex patriae), while
the law of domicile retained a subsidiary role as applicable only in cases of stateless persons or
in the rare cases of absence of the spouses’ common domicile.38

In the 1990s, however, a change in the global demographics started to become more apparent. To
determine the validity of a marriage or a will, or the existence of a divorce, or the requisites of
paternity concerning a migrant in Greece, the Greek judge had to take notice of and apply that
migrant’s national law. Soon Greek judges had to become versed in Albanian law, Afghan law,
Syrian law, Turkish law, or the Sharia law, as the case may be.

The need to move away from the strict application of the law of nationality was quickly
identified by several commentators in Continental Europe.39

Important Doctrines of Nation-State Judicial Decisions

A nation-state has jurisdiction to make and enforce laws (1) within its own borders, (2) with
respect to its citizens (nationals”) wherever they might be, and (3) with respect to actions taking
place outside the territory but having an objective or direct impact within the territory. In the
Restatement (Third) of Foreign Relations Law, these three jurisdictional bases are known as (1)
the territorial principle, (2) the nationality principle, and (3) the objective territoriality principle.

Nationality jurisdiction often raises problems. The citizens of a nation-state are subject to its
laws while within the nation and beyond. The United States has passed several laws that govern
the conduct of US nationals abroad. United States companies may not, for example, bribe public
officials of foreign countries in order to get contracts (Foreign Corrupt Practices Act of 1976).

34
The incidents of marriage are governed primarily by the law of the common nationality of the spouses (see
Articles 14 and 15 of the Greek Civil Code).
35
Divorce is governed by the law applicable to the incidents of marriage as of the time of initiation of divorce
proceedings (see Article 16 of the Greek Civil Code). But, see the new choice‐of‐law provisions in Regulation (E.U.)
1259/2010.
36
The relationship between parent and child is governed primarily by the law applicable to the incidents of
marriage as of the time of birth (see Article 18 of the Greek Civil Code).
37
Succession to the entire estate (principle of unity) is governed by the national law of the decedent at the time of
death (see Article 28 of the Greek Civil Code). But, see the new choice‐of‐law provisions in Regulation (E.U.)
650/2012.
38
See, e.g., Articles 29 and 14 of the Greek Civil Code. However, it is noted that “domicile” actually refers to
“habitual residence” and not the English concept of domicile as discussed below. See Maridakis, 258 et seq.
39
See, e.g., Rabel, The Conflict of Laws, Vol. I, 177 (2nd edition, 1958); Bucher, ‘Staatsangehörigkeits‐ und
Wognshitzprinzip. Eine rechtsvergleichende Übersicht’, 28 Schweizerisches Jahrbuch für internationals Recht –
Annuaire Suisse de droit interna‐ tional, 76, 131 (1972).

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Title VII of the Civil Rights Act also applies extraterritorially—where a US citizen is employed
abroad by a US company.

For example, suppose Jennifer Stanley (a US citizen) is discriminated against on the basis of
gender by Aramco (a US-based company) in Saudi Arabia, and she seeks to sue under Title VII
of the Civil rights Act of 1964. The extraterritorial reach of US law seems odd, especially if
Saudi Arabian law or custom conflicts with US law. Indeed, in EEOC v. Arabian American Oil
Co., the Supreme Court was hesitant to say that US law would “reach” across the globe to dictate
proper corporate conduct.EEOC v. Arabian American Oil Co. 499 U.S. 244 (1991). Later that
year, Congress made it clear by amending Title VII so that its rules would in fact reach that far,
at least where US citizens were the parties to a dispute. But if Saudi Arabian law directly
conflicted with US law, principles of customary international law would require that territorial
jurisdiction would trump nationality jurisdiction.

Note that where the US laws conflict with local or host country laws, we have potential conflict
in the extraterritorial application of US law to activities in a foreign land. See, for example, Kern
v. Dynalectron.Kern v. Dynalectron, 746 F.2d 810 (1984). In Kern, a Baptist pilot (US citizen)
wanted to work for a company that provided emergency services to those Muslims who were on
a pilgrimage to Mecca. The job required helicopter pilots to occasionally land to provide
emergency services. However, Saudi law required that all who set foot in Mecca must be
Muslim. Saudi law provided for death to violators. Kern (wanting the job) tried to convert but
couldn’t give up his Baptist roots. He sued Dynalectron (a US company) for discrimination
under Title VII, claiming that he was denied the job because of his religion. Dynalectron did not
deny that they had discriminated on the basis of his religion but argued that because of the Saudi
law, they had no viable choice. Kern lost on the Title VII claim (his religion was a bona fide
occupational qualification). The court understood that US law would apply extraterritorially
because of his nationality and the US nationality of his employer.

The Duty to Recognise Foreign Nationality Law

In the systems of the conflict of laws employed some States the concept of nationality plays little
part. This arises because the law of the domicile is regarded as the personal law rather than the
law of nationality. As a consequence of this way Of doing things one finds, for instance, that
nationality is relevant in the English system of private international law,. only as a result of a

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relatively, modem statutory provision permitting British subjects to make their wills in a
particular form ), of a similar provision permitting marriages of British subjects to be celebrated
in particular ways- and perhaps in connection with certain aspects of legitimacy, legitimation and
adoption;). It is not relevant in connection with civil jurisdiction.

With the complete revision of the nationality law of the United Kingdom effected by the British
Nationality Act, 1948 in implementation of the scheme for the introduction of local citizens of
each country of the Commonwealth the references, direct or indirect, which that law makes to
foreign nationality laws have been much reduced. For the rule that naturalisation in a foreign
State is productive of automatic loss of the status of a British subject, what remains of the rule
concerning loss of nationality on marriage, the rule that the nationality of a minor child of, a
person ceasing to be a British subject to some extent followed the nationality of the parent, and
even the device of the declaration of alienage - all these have been swept away. They are
replaced, by a single and uniform rule that any citizen of the United Kingdom and Colonies who
is possessed of the citizenship of some other country of the Commonwealth or of the Republic of
Ireland also, or of the nationality of a foreign country, I may divest himself of citizenship of the
United Kingdom and Colonies by declaration.40

It is submitted that the picture is not very different if regard be had to the nationality laws of
countries other than the United Kingdom.

Although a person born outside the united States and its possessions, only one of whose parents
is, an American national (i.e. a citizen), will acquire American nationality (citizenship) at birth
provided that the relevant parent had resided in the United States for ten years prior to the birth,
such a forfeits that nationality unless he enters the United States and is physically present there
for five years, before attaining the, age of 28. 41 This rule applies irrespective of the resultant
status of the person concerned. Foreign naturalisatiotion works an automatic forfeiture of
American nationality in the case of a person of full age. 42 But so also does taking an oath of
allegiance to a foreign State without acquiring the nationality thereof, and likewise the mere
participation in a political election in foreign State, as well as many other acts 43 and the

40
British Nationality Act, 1948, S. 19.
41
Public Law 414 of 27 June, 1.952, S. 301 (7).
42
Ibid. S. 349 (a) (1).
43
Ibid., S. 349 (a) (2)-(10).

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provisions of the laws referred to are of course very usual and one or other of them is to be found
in the law of almost every country.

On the other hand there are probably to be found nationality laws which take no account
whatsoever of foreign laws. This position is almost, approached by the law of Bolivia.
Thereunder, for instance, a Bolivian, woman marrying a foreigner retains her nationality and,
though, Bolivian., nationality is expressed to be lost upon the acquisition of a foreign nationality,
it may in such a case be recovered by the establishment of domicile, in Bolivia.44

The law of Iraq is very much like.that.of Bolivia in that nationality lost thereunder as a result of
foreign naturalisation,is recoverable by the reestablishment of residence. 45 Iraqui nationality.
acquired at birth may, apparently, be renounced notwithstanding that the person concerned is
thereby left stateless.46 An Iraqui woman marrying a foreign national in all-cases loses her.
nationality47. Children of Iraqui nationals, ceasing to be such similarly lose Iraqui nationality
invariably.48 Israeli nationality is, except. in one case, acquired and. is lost without regard to the
possession, or non-possession of any other nationality by any person concerned. 49 The provision
of the Jordanian Law of 1954. are perhaps somewhat ambiguous in translation. For though a
Jordanian national "may renounce his Jordanian nationality and acquire the nationality of a
foreign State"50 it is not made clear that the one transaction is dependent on the other. If it be so,
it is apparently the only case in which the acquisition or loss of Jordanian nationality is
dependent upon the possession or non-possession, or the acquisition or non-acquisition, of any
other nationality, save that naturalisation is not granted to "any person unless he loses by such
naturalisation the nationality he possesses at the date thereof". 51 The laws of Nicaragua and
Portugal are very similar to those of Bolivia.52 The Roman customary law, which still largely
governs nationality of San Marino, takes no. account of any other nationality law. Nor does the
nationality law of Uruguay53 nor, apparently, that of Venezuela54.
44
Constitution, Art. 40, 41.
45
Law of October 9., 1524, Art. 13, as amended.
46
Ibid., Art. 14.
47
Ibid., Art. 17.
48
Ibid., Art. 18 (2).
49
Nationality Law of I April, 1952. See the text, infra.
50
Arts. 15, 17.
51
Art. 12 (3).
52
Cqnstitution of 1950, Arts. 17-22.
53
Memorandum of Secretary of State, United Nations Legislative Series, Laws Concerning Nationality, 396.
54
Constitution of 1951, Arts. 73-81.

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CONCLUSION

There is a field of law known as private international law that deals with a 55 person's interaction
with another person as well as with nations outside the country's borders. 56 Nationality, domicile,
and conflict of laws are all part of it. To seek political and international protection, nationality is
a bond that binds an individual to a state. It is a person's "regular place of habitation." Household
rules are vital. Everyone is born with a place of origin that is hard to leave behind and harder to
re-acquire later in life. It's also possible to acquire a domicile of choice, which is where a person
plans to live indefinitely. It's possible that some people aren't recognized as citizens by any
country. Many examples have been reported where individuals had no nationality, leading to
statelessness, even though one of the principles of nationality is that everyone should own a
nationality.57 As a result of statelessness, people are deprived of social and political rights as well
as state protection. To be sure, international treaties were drafted to eliminate statelessness.

BIBLIOGRAPHY

 https://www.ohchr.org/en/nationality-and-statelessness
 http://treaties.un.org/Pages/showDetails.aspx?objid=0800000280046354
 https://libguides.library.umkc.edu/FCIL/fcil/private
 IRFANIYA B, PRIVATE INTERNATIONAL LAW: CONFLICT BETWEEN LAWS
AND COURTS 39, Behtab Publication, 1997 as cited in Seyyed Ibrahim Hosseini, Ako
Arya and Mehran Ahmadi, Nationality in Private International Law, 8(12) IJST 1, 2
(2015), Arfa’niya B. Private International Law. First Volume: Conflict between Laws and
Courts. Behtab Publication; 1997. p. 40–1

55
Stone, P. (2014). EU private international law. Edward Elgar Publishing.
56
Jubaer, Shah. (2021). Notes on the Conflict and choice of Laws. 10.13140/RG.2.2.13526.98886
57
Jubaer, Shah. (2021). BASIC GUIDELINES TO COMPARATIVE CONSTITUTIONAL LAW: AN IDEOLOGICAL AND
METHODICAL DISCUSSION. 10.17605/OSF.IO/X42KC.

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 UNHCR, Nationality & Statelessness: A Handbook for Parliamentarians (2005).
 CHESHIRE, NORTH & FAWCETT, Private International Law, edited by JJ Fawcett and
JM Caruthers, 14th ed. (Oxford: Oxford University Press, 2008).
 DIWAN, PARAS & PEEYUSHI DIWAN, Private International Law: Indian and English
p.39 (Deep & Deep Publications 4th Edition 1977).
 DICEY, MORRIS & COLLINS, The Conflict of Laws, edited by L Collins, 14th edition
(London: Sweet & Maxwell, 2006).

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