Concept of Nationality under Municipal Law and International Law-Various Dimensions

Abstract

Differing views about the nature of nationality and its relationship to issues of right and duties lead to different opinions as to the definition of nationality and its consequences in municipal law. While commentators agree to the fact that nationality is an important basis for aspects of both municipal and international law, they cannot agree whether it is a status of a relationship. In fact both ideas seem applicable. Weis states the general rule, with which all experts seem to agree: ‘nationality as a term of municipal law is defined by municipal Law’ Used in this way, each state Gail have is own definition of nationality, and dictate its consequences? Weis then proposes a general characterization of nationality on the municipal level as a ‘specific relationship between individual and State conferring mutual rights and duties. Here however, Randelzbofer disagrees, noting that nationality may be a condition for such rights and duties, but is not their source. He points to the fact that municipal legislation on nationality is confined to the attribution of nationality to human beings, and does not deal with consequential tights and duties Weis thus sees the status/relationship of nationality in municipal law as involving reciprocal substantive rights and duties depending on tin state, whereas Rancelzhofer sees it simply as a categorization which may lead to such rights and duties.