Abstract
Double nationality is a phenomenon arising from a diversity of nationalities attribution criteria. Such occurrence is not a novelty for international law, and has been addressed by a number of bilateral and multilateral transnational regulations, but is still an issue for many children whose families come from different legal and cultural backgrounds, resulting still more complicated in each time more globalized world economy. One specific hardship, often disregarded by the international legal literature, is the question of compulsory military enlistment and service, which may become detrimental to fruition of the essential human right to a nationality. This article aims to ascertain the subject from the perspective of two relatively very different legal orders, namely those of Brazil (Federative Republic of Brazil), and China (People’s Republic of China), based on an actual legal dispute in Brazilian courts, applying the case study methodology, under comparative law scientific lenses.
Highlights
Double nationality is a phenomenon arising from a diversity of nationality attribution criteria between two or more different countries, in a way that, if child is born in a country that adopts the concept of ius soli, from parents whose national law adopts the concept of ius sanguinis, it will have two original nationalities, one from the country in which territory it was born, and that of its parents (Dollinger & Tiburcio, 2016: p. 155)
The plaintiff reasoned that, as child of two nationals of the People’s Republic of China born abroad, he would be entitled to claim a dual Chinese nationality, but such would be hindered if any notice of his enlistment in Brazil ever came to Chinese authorities knowledge, who would disregard him as “motherland’s traitor”, or even as a spy, subject to being arrested on sight, soon as he laid feet on RPC’s territory
One particular issue connected with questions about dual or multiple nationalities is the effect of national legislations regarding military service and compulsory military enlistment, including possible loss of nationality caused by performance of activities in the armed forces of another country
Summary
Double nationality is a phenomenon arising from a diversity of nationality attribution criteria between two or more different countries, in a way that, if child is born in a country that adopts the concept of ius soli, from parents whose national law adopts the concept of ius sanguinis, it will have two original nationalities, one from the country in which territory it was born, and that of its parents (Dollinger & Tiburcio, 2016: p. 155). There are, essentially, two principles guiding nationality acquisition, that by which a person shall have the same nationality of its parents (ius sanguinis), and that by which the child will bear the citizenship of its birthplace (ius solis) This German renowned professor (he, himself, born in Montreal, Canada), underlines that, in Europe many States became immigration countries, and for them the question arising is if the second generations, i.e., the children of immigrants, should be allowed or not to retain their parents transmitted nationalities cumulatively with the nationality of domicile, pointing favourably in most cases for the resulting double citizenship, whereas for emigration countries, the problem is to know if their citizens’ children born abroad must or not retain their nationality, or, at least, have the facilitated possibility of claiming it, if they so choose to do. Considering this article is prone for publishing in an international legal journal, legal case study methodology adopted will be that of Susan Reinhart (2007), worldwide known, with comparative law approach by Leontin-Jean Constantinesco (1998)
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