Dual Nationality:
Meaning:
Dual nationality is when a citizen holds the nationality
of two states at the same time.
EXAMPLE
I:
A child will have the nationality of the State in which
he was born and will also have the
nationality of the State of which his parents had the nationality. In this way,
he will have dual nationality.
EXAMPLE
II:
If a woman marries a man having the nationality of
another state, she will retain her own nationality and may acquire the
nationality of her husband.
HAGUE
CONVENTION 1930:
The Hague Convention laid down the following rules and
regulations regarding dual nationality:
i:- If a person has the nationality of the two or more
States in this case each State has a right to claim his nationality, that the
person is its citizen.
ii:- A State shall not exercise the right of protection
of a person whose nationality is claimed by another State.
iii:- It is the duty of a person having dual nationality
to renounce the nationality of a State.
EUROPEAN CONVENTION 1963:
It was stated in the European Convention that if any
citizen of the states included in this convention, with the consent of any
other state, acquires the nationality of the state, his first nationality will
be lost.
DIFFERENCE
BETWEEN NATIONALITY AND DOMICILE:
NATIONALITY:
Nationality refers to the relationship between the state
and the citizen due to which the state has authority of jurisdiction over the
citizens, and the citizens are entitled to state benefits. Therefore, the having
the citizenship of a particular nation is called nationality.
CITIZENSHIP:
Citizenship means that a person is a citizen of a
particular nation.
DOMICILE:
Resident or domicile means a person's clear and permanent
residence and intending to return even if he leaves. After understanding the
meaning of nationality, citizenship and resident, the difference between them
can be better understood.
DIFFERENCE:
From the point of view of international law, if
nationality and residence are analyzed, there is a difference between the two.
Nationality is a characteristic of a citizen that arises after becoming a resident
of a certain state and it determines the obedience of a person. Nationality
rights are acquired by birth or residence, while resident or domicile refers to
the permanent residence of a person from which he intends to return after
leaving.
ACCORDING TO INTERNATIONAL LAW:
According to
international law, nationality is a characteristic arising from the membership
of a particular state and it determines the obedience of a person, while the
resident has the factors that are necessary to become the citizen of a
particular state. Nationality is acquired by domicile, but the period that
qualifies a person to acquire citizenship varies from state to state.
Various rules and regulations are prescribed by each
state for obtaining nationality, which must be followed.
ANALYSIS:
DUAL NATIONALITY:
When a person holds the citizenship of two states at the
same time, it is called dual nationality. If a citizen acquires the nationality
of another state with the consent of a state, then his first nationality is
lost immediately. Resident refers to a person's permanent residence while
nationality is a characteristic acquired after becoming a member of a
particular state.
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