Citizenship
cit•i•zen•shipPronunciation: (sit'u-zun-ship", -sun-), [key] —n. 1. the state of being vested with the rights, privileges, and duties of a citizen. 2. the character of an individual viewed as a member of society; behavior in terms of the duties, obligations, and functions of a citizen: an award for good citizenship.
du'al cit'izenship1. Also called du'al national'ity. the status of a person who is a legal citizen of two or more countries. 2. citizenship of both a state and a nation, in nations consisting of a federation of states, as the U.S.
Conferred by a State, nationality constitutes the juridical expression of the individual’s connection with a particular State. It translates into juridical terms the fact that an individual is closely connected with the population of a particular State.
The concept of nationality was explored 46 years ago by the International Court of Justice in the Nottebohm case. This Court defined nationality as "a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with existence of reciprocal rights and duties" .
A shift in the view towards the concept of "nationality" is reflected in the definition given in the European Convention on Nationality, which is the first international instrument to codify the main principles and rules applicable to nationality. Article 2 of this Convention defines "nationality" as "the legal bond between a person and a State" which "does not indicate the person’s ethnic origin". It thus refers to a specific legal relationship between an individual and a State which is recognised by that State.
At a time when new democracies in Europe have to draft new nationality laws, there is a need to avoid confusion as to the indiscriminate use of the terms "nationality" and "citizenship". Under the international law but also as a result of recent developments in internal law, these two norms are now considered synonyms. Therefore, the term "nationality" is equivalent to the one of "citizenship" habitually used in the Central and Eastern European States.
citizen
citizen, member of a state, native or naturalized, who owes allegiance to the government of the state and is entitled to certain rights. Citizens may be said to enjoy the most privileged form of nationality; they are at the furthest extreme from nonnational residents of a state (see alien), but they may also be distinguished from nationals with subject or servile status (e.g., slaves or serfs; see serf, slavery). (It should be noted, however, that in Great Britain and some other constitutional monarchies a citizen is called a subject.)
The term citizen originally designated the inhabitant of a town. In ancient Greece property owners in the city-states were citizens and, as such, might vote and were subject to taxation and military service. Citizenship in the Roman Empire was at first limited to the residents of the city of Rome and was then extended in A.D. 212 to all free inhabitants of the empire. Under feudalism in Europe the concept of national citizenship disappeared. In time, however, city dwellers purchased the immunity of their cities from feudal dues, thereby achieving a privileged position and a power in local government; these rights were akin to those of citizenship and supplied much of the content of later legislation respecting citizenship.
Modern concepts of national citizenship were first developed during the American and French revolutions. Today each country determines what class of persons are its citizens. In some countries citizenship is determined according to the jus sanguinis [Lat.,=law of blood], whereby a legitimate child takes its citizenship from its father and an illegitimate child from its mother. In some countries the jus soli [Lat.,=law of the soil] governs, and citizenship is determined by place of birth. These divergent systems may lead to conflicts that often result in dual nationality or loss of citizenship (statelessness).
Although the Constitution of the United States, as written in 1787, uses the word citizen and empowers Congress to enact uniform naturalization laws, the term was not defined until the adoption (1868) of the Fourteenth Amendment, which gave citizenship to former black slaves. As this amendment indicates, the United States generally follows the jus soli. However, Congress has also recognized, subject to strict rules, the principle of jus sanguinis so that children born of American parents abroad are citizens during their minority and can retain this citizenship at majority if they meet certain conditions. In addition, in 2000, Congress granted automatic citizenship to most minor children of American parents who were adopted from abroad; previously such adopted children needed to be naturalized. Until the 1940s the United States recognized several classes of nationals who were not citizens, e.g., Filipinos and Puerto Ricans. Today, however, all U.S. nationals are citizens. The United States recognizes the right of voluntary extradition, and in 1967 the Supreme Court ruled that citizenship can be lost only if freely and expressly renounced; Congress does not have the power to take it away.
nationality
nationality, in political theory, the quality of belonging to a nation, in the sense of a group united by various strong ties. Among the usual ties are membership in the same general community, common customs, culture, tradition, history, and language. While no one of these factors is essential, some must be present for cohesion to be strong enough to justify the term nationality. Used in this sense, nationality does not necessarily denote membership within a specific political state. There are many examples of nations divided between several states and of states composed of several nations and parts of nations. Thus not all Albanians live in Albania, and, on the other hand, Switzerland has citizens whose native languages are German, French, Italian, and Romansh. In political theory the belief that a state should be identical with a nation is called the “principle of nationalities,” or, more commonly, “self-determination.” This view is a typical expression of nationalism; it was advanced partly as a means of solving the problem of the national minority after World War I. Nationality in its specific legal sense is a very different concept; it is attachment to a state by a tie of allegiance. Nationals in this sense are fundamentally distinguished from aliens (see alien) and in most, but not all, countries are identical with citizens. Nationality gives the state the right to impose certain duties, especially military service. Some states will punish their nationals for crimes wherever committed; the United States, however, punishes only those crimes, except treason, that are committed within American territorial jurisdiction. States may tax the income and other assets of their nationals regardless of whether they reside abroad. The national owes duties to his government but is also entitled to diplomatic protection when in a foreign country. Such protection includes the assistance of consular officials when the national is accused of crime and the offering of refuge in emergencies. In many instances certain persons, particularly those who have undergone naturalization, will be regarded as nationals by two states at once. Such problems of dual nationality have been a frequent cause of international diplomatic disputes.
Naturalization
When immigrants enter the United States, they are not American citizens. In order to enjoy many of the privileges of being an American, such as the right to vote and hold public office, a person must gain citizenship. The process for becoming a citizen is called naturalization. To become a naturalized citizen, a person must fill out an application with the Immigration and Naturalization Service and meet the following requirements:
be at least 18 years old (children who are immigrants and under age 18 can become citizens when their parents do);
have been a permanent resident for five years, or three years if married to a person who has been a U.S. citizen for at least three years (a permanent resident is an immigrant who has permission to live in the United States permanently);
have lived in the United States for at least half of required residency;
swear loyalty to the United States;
read, write and speak basic English;
show that he or she agrees with the principles of the constitution;
demonstrate knowledge of U.S. history and government;
take an oath of allegiance.
Although the terms "nationality" and "citizenship" are often used interchangeably, the two concepts are not always synonymous. While all citizens are nationals of a State, not all nationals are citizens. WEIS, supra note 12, at 5-6 (also noting that a few States create different categories of citizenship for their nationals). "Nationality" is often defined as the characterization a state makes of an individual for the purpose of controlling and protecting that individual. MYRES S. MCDOUGAL ET AL., HUMAN RIGHTS AND WORLD PUBLIC ORDER 737-38 (1980). Accordingly, nationality is a reciprocal relationship entitling one to the rights, and subjecting one to the burdens, of citizenship. WEIS, supra note 12, at 239.
17 A State's most basic duty is to admit nationals to the state's territory. See H.F. VAN PANHUYS, THE ROLE OF NATIONALITY IN INTERNATIONAL Law 56 (1959) ("The duty to admit nationals is considered so important a consequence of nationality that it is almost equated with it."). The right of the national to reside within the State's territory is a natural consequence of this duty. WEIS, supra note 12, at 45, 239-241. A United Nations survey of international instruments and national laws concluded that the right to leave and return is "a legal obligation according to customary international law." C. Mubanga-Chipoya, Analysis of the Current Trends and Developments Regarding the Right to Leave any Country Including One's Own, and to Return to One's Own Country, and Some Other Rights or Consideration Arising Therefrom, at 11, U.N. Doc. E/CN.4/Sub.2/1987/10, quoted in THEODOR MERON, HUMAN RIGHTS AND HUMANITARIAN NORMS As CUSTOMARY LAw 97 n.46 (1989). The national also gains from his or her state the benefit of diplomatic protection. See WEIS, supra note 12, at
A passport is a formal identity document or certification issued by a national government that identifies the holder as a citizen of a particular country, and requests permission, in the name of the sovereign or government of the issuing country, for the bearer to be permitted to enter and pass through other countries. Passports are connected with the right of legal protection abroad and the right to enter one's country of citizenship. Passports usually contain the holder's photograph, signature, date of birth, nationality, and sometimes other means of individual identification. Many countries are in the process of developing biometric properties for their passports in order to further confirm that the person presenting the passport is the legitimate holder.
A passport is usually necessary for international travel, as it normally needs to be shown at a country's border, although there exist agreements whereby the citizens of some countries can enter some other countries with other identity documents. It may be stamped or sealed with visas issued by the host country authorizing entry.
Some governments try to control the movements of their own and other citizens and issue so-called internal passports. For instance, in the Soviet Union, all citizens were issued propiski to control their movement around the country. This system has been partly retained in Russia.
As identifying documents, passports are frequent subjects of theft and forgery. See Sealand.
du'al cit'izenship1. Also called du'al national'ity. the status of a person who is a legal citizen of two or more countries. 2. citizenship of both a state and a nation, in nations consisting of a federation of states, as the U.S.
Conferred by a State, nationality constitutes the juridical expression of the individual’s connection with a particular State. It translates into juridical terms the fact that an individual is closely connected with the population of a particular State.
The concept of nationality was explored 46 years ago by the International Court of Justice in the Nottebohm case. This Court defined nationality as "a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with existence of reciprocal rights and duties" .
A shift in the view towards the concept of "nationality" is reflected in the definition given in the European Convention on Nationality, which is the first international instrument to codify the main principles and rules applicable to nationality. Article 2 of this Convention defines "nationality" as "the legal bond between a person and a State" which "does not indicate the person’s ethnic origin". It thus refers to a specific legal relationship between an individual and a State which is recognised by that State.
At a time when new democracies in Europe have to draft new nationality laws, there is a need to avoid confusion as to the indiscriminate use of the terms "nationality" and "citizenship". Under the international law but also as a result of recent developments in internal law, these two norms are now considered synonyms. Therefore, the term "nationality" is equivalent to the one of "citizenship" habitually used in the Central and Eastern European States.
citizen
citizen, member of a state, native or naturalized, who owes allegiance to the government of the state and is entitled to certain rights. Citizens may be said to enjoy the most privileged form of nationality; they are at the furthest extreme from nonnational residents of a state (see alien), but they may also be distinguished from nationals with subject or servile status (e.g., slaves or serfs; see serf, slavery). (It should be noted, however, that in Great Britain and some other constitutional monarchies a citizen is called a subject.)
The term citizen originally designated the inhabitant of a town. In ancient Greece property owners in the city-states were citizens and, as such, might vote and were subject to taxation and military service. Citizenship in the Roman Empire was at first limited to the residents of the city of Rome and was then extended in A.D. 212 to all free inhabitants of the empire. Under feudalism in Europe the concept of national citizenship disappeared. In time, however, city dwellers purchased the immunity of their cities from feudal dues, thereby achieving a privileged position and a power in local government; these rights were akin to those of citizenship and supplied much of the content of later legislation respecting citizenship.
Modern concepts of national citizenship were first developed during the American and French revolutions. Today each country determines what class of persons are its citizens. In some countries citizenship is determined according to the jus sanguinis [Lat.,=law of blood], whereby a legitimate child takes its citizenship from its father and an illegitimate child from its mother. In some countries the jus soli [Lat.,=law of the soil] governs, and citizenship is determined by place of birth. These divergent systems may lead to conflicts that often result in dual nationality or loss of citizenship (statelessness).
Although the Constitution of the United States, as written in 1787, uses the word citizen and empowers Congress to enact uniform naturalization laws, the term was not defined until the adoption (1868) of the Fourteenth Amendment, which gave citizenship to former black slaves. As this amendment indicates, the United States generally follows the jus soli. However, Congress has also recognized, subject to strict rules, the principle of jus sanguinis so that children born of American parents abroad are citizens during their minority and can retain this citizenship at majority if they meet certain conditions. In addition, in 2000, Congress granted automatic citizenship to most minor children of American parents who were adopted from abroad; previously such adopted children needed to be naturalized. Until the 1940s the United States recognized several classes of nationals who were not citizens, e.g., Filipinos and Puerto Ricans. Today, however, all U.S. nationals are citizens. The United States recognizes the right of voluntary extradition, and in 1967 the Supreme Court ruled that citizenship can be lost only if freely and expressly renounced; Congress does not have the power to take it away.
nationality
nationality, in political theory, the quality of belonging to a nation, in the sense of a group united by various strong ties. Among the usual ties are membership in the same general community, common customs, culture, tradition, history, and language. While no one of these factors is essential, some must be present for cohesion to be strong enough to justify the term nationality. Used in this sense, nationality does not necessarily denote membership within a specific political state. There are many examples of nations divided between several states and of states composed of several nations and parts of nations. Thus not all Albanians live in Albania, and, on the other hand, Switzerland has citizens whose native languages are German, French, Italian, and Romansh. In political theory the belief that a state should be identical with a nation is called the “principle of nationalities,” or, more commonly, “self-determination.” This view is a typical expression of nationalism; it was advanced partly as a means of solving the problem of the national minority after World War I. Nationality in its specific legal sense is a very different concept; it is attachment to a state by a tie of allegiance. Nationals in this sense are fundamentally distinguished from aliens (see alien) and in most, but not all, countries are identical with citizens. Nationality gives the state the right to impose certain duties, especially military service. Some states will punish their nationals for crimes wherever committed; the United States, however, punishes only those crimes, except treason, that are committed within American territorial jurisdiction. States may tax the income and other assets of their nationals regardless of whether they reside abroad. The national owes duties to his government but is also entitled to diplomatic protection when in a foreign country. Such protection includes the assistance of consular officials when the national is accused of crime and the offering of refuge in emergencies. In many instances certain persons, particularly those who have undergone naturalization, will be regarded as nationals by two states at once. Such problems of dual nationality have been a frequent cause of international diplomatic disputes.
Naturalization
When immigrants enter the United States, they are not American citizens. In order to enjoy many of the privileges of being an American, such as the right to vote and hold public office, a person must gain citizenship. The process for becoming a citizen is called naturalization. To become a naturalized citizen, a person must fill out an application with the Immigration and Naturalization Service and meet the following requirements:
be at least 18 years old (children who are immigrants and under age 18 can become citizens when their parents do);
have been a permanent resident for five years, or three years if married to a person who has been a U.S. citizen for at least three years (a permanent resident is an immigrant who has permission to live in the United States permanently);
have lived in the United States for at least half of required residency;
swear loyalty to the United States;
read, write and speak basic English;
show that he or she agrees with the principles of the constitution;
demonstrate knowledge of U.S. history and government;
take an oath of allegiance.
Although the terms "nationality" and "citizenship" are often used interchangeably, the two concepts are not always synonymous. While all citizens are nationals of a State, not all nationals are citizens. WEIS, supra note 12, at 5-6 (also noting that a few States create different categories of citizenship for their nationals). "Nationality" is often defined as the characterization a state makes of an individual for the purpose of controlling and protecting that individual. MYRES S. MCDOUGAL ET AL., HUMAN RIGHTS AND WORLD PUBLIC ORDER 737-38 (1980). Accordingly, nationality is a reciprocal relationship entitling one to the rights, and subjecting one to the burdens, of citizenship. WEIS, supra note 12, at 239.
17 A State's most basic duty is to admit nationals to the state's territory. See H.F. VAN PANHUYS, THE ROLE OF NATIONALITY IN INTERNATIONAL Law 56 (1959) ("The duty to admit nationals is considered so important a consequence of nationality that it is almost equated with it."). The right of the national to reside within the State's territory is a natural consequence of this duty. WEIS, supra note 12, at 45, 239-241. A United Nations survey of international instruments and national laws concluded that the right to leave and return is "a legal obligation according to customary international law." C. Mubanga-Chipoya, Analysis of the Current Trends and Developments Regarding the Right to Leave any Country Including One's Own, and to Return to One's Own Country, and Some Other Rights or Consideration Arising Therefrom, at 11, U.N. Doc. E/CN.4/Sub.2/1987/10, quoted in THEODOR MERON, HUMAN RIGHTS AND HUMANITARIAN NORMS As CUSTOMARY LAw 97 n.46 (1989). The national also gains from his or her state the benefit of diplomatic protection. See WEIS, supra note 12, at
A passport is a formal identity document or certification issued by a national government that identifies the holder as a citizen of a particular country, and requests permission, in the name of the sovereign or government of the issuing country, for the bearer to be permitted to enter and pass through other countries. Passports are connected with the right of legal protection abroad and the right to enter one's country of citizenship. Passports usually contain the holder's photograph, signature, date of birth, nationality, and sometimes other means of individual identification. Many countries are in the process of developing biometric properties for their passports in order to further confirm that the person presenting the passport is the legitimate holder.
A passport is usually necessary for international travel, as it normally needs to be shown at a country's border, although there exist agreements whereby the citizens of some countries can enter some other countries with other identity documents. It may be stamped or sealed with visas issued by the host country authorizing entry.
Some governments try to control the movements of their own and other citizens and issue so-called internal passports. For instance, in the Soviet Union, all citizens were issued propiski to control their movement around the country. This system has been partly retained in Russia.
As identifying documents, passports are frequent subjects of theft and forgery. See Sealand.
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