Nationality

Peter J. Spiro

Chapter 61 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 357-361 from Edward Elgar Publishing

Abstract: The allocation of nationality has been largely unconstrained by international law. States have been free to extend and withdraw nationality as they have seen fit, notwithstanding serious resulting international consequences. Human rights norms, however, have more recently come to bear on nationality practice. Most states now extend citizenship on the basis of territorial birth in some cases in addition to citizenship on the basis of parentage. More states are making naturalization available as of right rather than discretion, subject to reasonable residency and cultural integration qualifications. There is an emerging norm against express racial and other forms of discrimination in nationality practice. Finally, the extension of nationality on the basis of investments and thin ancestral ties have drawn fire as advancing strategic citizenships untethered to traditional correlations of citizenship with social attachment.

Keywords: Nationality; Citizenship; Naturalization; Expatriation; Dual citizenship; Investor citizenship (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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