Epilogue : international norms for nationality : an elusive goal?
Title: Epilogue : international norms for nationality : an elusive goal?
Author: BAUBÖCK, Rainer
Citation: Netherlands international law review, 2018, Vol. 65, No. 3, pp. 497–506
Series/Number: [Global Governance Programme]; [GLOBALCIT]
ISSN: 0165-070X; 1741-6191
International legal norms on matters of nationality have been vexed by the inherent contradiction between the right of states to determine who their nationals are, on the one hand, and three normative constraints on such self-determination, on the other hand: the need for mutual recognition of nationality among states, the human right to a nationality, and a gradual strengthening of individual choice between alternative nationalities. The article concludes that in spite of these contradictions, the task of international norm setting in matters of nationality law is not an impossible one because, and as long as, states determine their nationals primarily through the birthright principles of ius sanguinis and ius soli, apply conditions of residence to naturalisation and non-residence to renunciation of nationality, and limit individual choice through these criteria.
First Online: 03 December 2018
Type of Access: embargoedAccess