Concept of Nationality in International Law

Abstract

Nationality is the legal relationship between a person and a nation state. Nationality normally confers some protection to the person by the state, and some obligations on the person towards the state. What these rights and duties are vary from country to country. Nationality affords the state jurisdiction over the person and affords the person the protection of the state. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. Therefore, in modern democracies, the terms are synonymous, while in an absolute monarchy, there may be a legal or technical distinction between them. The primary objective of this study is to observe the present legal position with respect to law of nationality in private international law. It analyses the importance of nationality, of dual nationality and a stateless person and this present work aims at making analytical evolution of issues relating to concept of nationality and collects relevant literature on them. In addition, another purpose of this study is to bring out more information and give an explanatory analysis of the legal problem of nationality and private international law in the contemporary perspective. It is therefore necessary to evaluate the dichotomy between private international law and exploration and exploitation of the nationality in the contemporary perspective; and to discuss and analyse the general principles governing the nationality in the contemporary perspective.