Jus Sanguinis Research Articles

사회 문화적 변인에 따른 제례행례 연구

This study grasped how modern men’s ancestral ritual formalities are actually implemented & what difference exists depending on socio cultural variables through questionnaire and analyzes by using SPSS PACKAGE Program. How ancestral ritual formalities culture will vary later is to be profoundly investigated through this result. Further, it will be taken as basic data to establish desirable ancestral ritual formalities culture later. Out of 10 socio-cultural variables, the most significant variable for implementation of ancestral ritual formalities is religion and hometown, gender, age, marital status, fraternal priority, etc are also found to be significant variables. Among them, religious variable is quite significant variable which affects implementation of ancestral ritual formalities. Thus, religious conflict over ancestral ritual formalities is expected to continue later. Respective religious situation needs to be understood to cope with such situation. Given that Confucian ancestral rites mainly based on the eldest son exist, it is clear that paternal jus sanguinis still prevails in Korean society. However, such succession of ancestral rites mainly based on masculine seems to be gradually changed, because homes having only 1 child or only daughter are increasing gradually.

`Rights To Have Rights’ In Context Of Citizenship Matrix In India

Much has been said about the controversial Citizenship Amendment Act, 2019 while protestors all over India demanded to withdraw the law claiming that it is discriminatory. The matter is pending before the Supreme Court but in this piece, it is added that the amendments made over the years, in the citizenship law, have changed the very notion and discourse of citizenship by altering the context of `rights to have rights’. The amended provisions alter the very nature of relationship that exists between a citizen and the state. The principle of jus soli (citizenship by birth) is being replaced by jus sanguinis (citizenship by bloodline). At the same time, the law reduces the scope of human rights while eradicating a person’s entitlements to renders the status of all persons as stateless. It empowers the bureaucratic state machinery to determine as to who is a citizen. Therefore, it is essential to reconsider the citizenship matrix to necessarily protect human rights of citizens.

FUNDAMENTAL PRINCIPLES OF THE INSTITUTION OF CITIZENSHIP: JUS SOLI AND JUS SANGUINIS

The international legal principles of citizenship in the national systems of law of different countries are researched. Considered the content of the appropriate principles of the institution of citizenship and their importance in the context of globalization are also considered. The provisions of the constitutional law of foreign countries, as well as the current legislation of Ukraine are analyzed. The attention is focused on the existing international legal principles of the institution of citizenship, their impact on the domestic legal system; The proposals on adaptation of the legislation of Ukraine in accordance with the requirements of the European Union were further developed. The author of the article agrees with those scientists who point out In the present constitutional law of foreign countries two principles prevail. "Jus soli" is a principle that is common in Latin America, Asia, some oceanic countries and North America. According to him, citizenship is acquired in the territorial jurisdiction of the country. The Jus Soli principle is not always absolute. Sometimes countries with “soil rights” laws require legal residence in the country before the authorities will enforce this right, such as in Cambodia or Thailand. Sometimes jus sol laws only apply to one generation, for example, in some countries in the Middle East where a child born in that territory is granted citizenship only if the child's father (regardless of nationality) was born in the same territory, and sometimes "jus salt" will be limited by age. The "right of blood" (jus sanguinis) is a principle based on the fact that citizenship is acquired from their parents regardless of their place of birth. This is usually the case in most parts of Asia and Europe and parts of Africa. This form of citizenship is more ethnocentric, solves the problem of statelessness, but in most cases leads to the emergence of dual citizenship. It should be noted that more countries are adopting citizenship laws that combine both of these principles. Although countries have often adopted the rules of “jus salt” or “jus sanguinis” at first, many countries have recently changed their policies to move to a different approach. As for Ukraine, the author concludes that the legislator has combined the above two principles.

We Will All Be Free or None Will Be: Why Federal Power Is not Plenary, but Limited and Supreme

Emma Lazarus, who gave us the poem The New Colossus inscribed on the Statue of Liberty on Ellis Island, is also credited for giving us the principle, “Until we are all free, we are none of us free.” The root of this principle traces back to the founding contributions of James Wilson. It also stretches into present day public consciousness through the works of Martin Luther King, Jr. in support of equal rights in America. The idea of the equality of rights being essential to the freedom and rights of each person consists in the ancient law of the citizen. It was old when Paul of Tarsus used it to appeal to Rome in the Court of Festus in Caesarea. That Court secured his right to immigrate into the capital to further vindicate his equal rights to the free exercise of religion. The Pilgrims of Plymouth Colony and later of Rhode Island similarly sought to secure this equality of rights to themselves by their immigration to America. Foreigners in a land of Native Americans who they thought to be Indians, the Pilgrims vindicated their religious rights upon a purchase rather than conquest or discovery. This was symbolized by Roger Williams’ escape into a snow storm, to make an appeal among the Natives for his life. Following Williams’ example, the American Revolutionaries declared their rights upon purchases from the original owners of the land, i.e., the Native Americans. They appealed as Paul and Williams did to the rights of an immigrant rather than the sanguine rights of blood or high-birth—and their cause was vindicated upon what Phillis Wheatley coined “the heaven defended line,” i.e., the equal rights of humanity. Thus, for the first several decades of its existence the United States held its doors open to immigrants. But over the years a movement to exclude immigrants began to take form in the States. It was lifted into exclusive federal purview in Prigg v. Pennsylvania, and was finally extended in Chae Chan Ping as the plenary power to exclude immigrants, which is the entire basis of federal Immigration Law as we know it today. This article will demonstrate how the judicial assertion of plenary rather than limited powers is the root of Immigration Law in America, and it will provide strategies to reverse Donald J. Trump’s recent assertion of Immigration Law as a source of unbounded Executive Power.

Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

Mapping French People’s Positions Regarding the Children’s Right to Know their Biological Parents’ Identity

The study aimed at mapping in a detailed way French lay people’s positions on the disclosure of information that makes possible the tracing of their biological origins for adoptees and for donor conceived persons. A convenience sample of 151 adults was presented with a set of 20 vignettes that depicted the situation of teenagers (1) who recently learned that one or both of their parents were not their biological parents, (2) who wished to have information about biological parents, and (3) who were denied access to information because of legal dispositions in the country. Participants were asked to judge the extent to which the denial of access to information was defensible. The factors introduced in the vignettes were the teenagers’ age and motives (e.g., an 18-year old boy who was suffering from a genetic illness), and the filiation link (e.g., conceived through sperm donation). Through cluster analysis, four qualitatively different positions were found: Never Defensible (16% of participants), Not Very Defensible (42%), Depends on Circumstances (13%), and Almost Always Defensible (29%). The difference in importance that participants in this study attributed to blood filiation – whether it was essential to know about it or not – is reminiscent of the more general opposition between two legal principles regarding the way nationality is conferred: jus sanguinis (right of blood, which applies in England or Germany) versus jus soli (right of soil, which applies in France).

Об историческом развитии политики Российской Федерации в сфере миграции и гражданства

Migration and citizenship are relevant to both science and practice. The research examines the migration and citizenship policy of the Russian Federation since the disintegration and collapse of the Soviet Union in 1991 till present. The study determines the main milestones in migration and citizenship legislation and relevant solutions in the history of the New Russia (the Russian Federation) divided by the authors into two periods: from 1991 to 2000 and from 2000 to date. A novel approach is applied since no previous Russian and international research has investigated migration and citizenship problems in the context of jus soli and jus sanguinis. These are the basic international principles of the policy toward migration and citizenship. Having studied various Russian and international instruments, the authors identify that the Russian migration and citizenship policy violates jus soli and jus sanguinis in the period under review and should be brought into line with these principles.

Cosmopolitanizing Colonial Memories in Germany

Cosmopolitanizing Colonial Memories in Germany

From Ius Sanguinis to Ius Agendi: insights from a Hongkonger Ethnolanguaging as Korean

ABSTRACTThis paper examines the complexities of crossing into, and passing as a member of, a national imaginary that conceives of itself through a myth of ethnic homogeneity, or ius sanguinis (‘right of blood’). It analyzes an ethnically Han Chinese Hongkonger’s metapragmatic reflections on her experiences developing a high level of proficiency in Korean and subsequently passing as ethnolinguistically Korean in both Korea and in her homeland of Hong Kong. Her experiences are representative of a highly complex semiotic and embodied process that can also implicate oneself in fraught spaces of xenophobia, ethnocentrism, and neonationalism. More significantly, her experiences provide an opportunity to reconsider ethnic national identification not merely as ius sanguinis but through an alternative paradigm of ‘ius agendi’, or ‘right of performance’. Understood from the perspective of ius agendi, ethnolinguistic groups are not static a priori entities but are instead actively ‘disinvented’ and ‘reconstituted’ [Makoni, S., and A. Pennycook. 2005. Disinventing and (re)constituting languages. Critical Inquiry in Language Studies 2, no. 3: 137–56] through the performative practice of what I term ‘ethnolanguaging’, which affords a range of outcomes including ethnolinguistic identification and disaffiliation.

Irony of Citizenship: Descent, National Belonging, and Constitutions in the Postcolonial African State

In 2010, like many African countries since the 1990s, Kenya passed a new constitution. This constitution aimed to get rid of many past issues including the definition of citizenship. Globally, two general principles govern the acquisition of citizenship, descent from a citizen (jus sanguinis), and the fact of birth within a state territory (jus soli). In contrast to the prior Constitution that required both descent from Kenyan parents and birth in Kenya, the 2010 Constitution adopted a rule of citizenship by descent alone (jus sanguinis) from either parent. However, today Kenya is faced with a conundrum first articulated by Aristotle: how do you understand and operationalize citizenship by descent in a new state, or in the case of Kenya, one that has only just turned fifty? The crux of this conundrum is determining the basis of the citizenship of parents who precede the polity and therefore what they can transfer to their children. Understanding that articulations of citizenship are also systems of exclusion, this paper asks who can and cannot be a Kenyan citizen and why? What are the unintended consequences of efforts to escape Aristotle's conundrum?

Citizenship with a price tag: the law and ethics of investor citizenship programmes

While a significant amount of attention has been paid in scholarly work to the modes of acquisition of citizenship at birth, either through territorial attachments (ius soli) or descent (ius sanguinis), far less consideration has been given to the acquisition of citizenship after birth (ius nexi). Even if the notion of ius nexi encapsulates a variety of modes for the acquisition of citizenship through connection to the host state, the one that has recently gained salience in the context of the preferential naturalisation of investors is that of ius pecuniae – i.e. citizenship acquisition driven by money. Although setting a price tag on membership in a community is intuitively disquieting, there has hitherto been little discussion as to why this might be the case. The primary goal of this article is to set out three sets of criteria against which the different mechanisms of preferential naturalisation of investors can be evaluated. 
 Deploying a critique of the notion of ‘genuine ties’, we first examine whether the economic utility of the investment to the state can suffice to override some or all other criteria for naturalisation. Then, we look at the preferential treatment of investors in the context of merit-based naturalisation. Finally, we examine how the investment-based ius pecuniae affects the relationship between the members of the polity and naturalised investors and between naturalised investors and other applicants subject to ordinary naturalisation. The analysis suggests that, even though all these criteria have pitfalls, the principle that citizenship should instantiate a claim of equality best explains why we are uncomfortable with the idea ofselling citizenship.

Does an Inclusive Citizenship Law Promote Economic Development?

This paper analyzes the impact of citizenship laws on economic development. We first document the evolution of citizenship laws around the world, highlighting the main features of jus soli, jus sanguinis as well as mixed regimes, and shedding light on the channels through which they could have differentiated impact on economic development. We then compile a data set of citizenship laws around the world. Using cross-country regressions, panel-data techniques, as well as the synthetic control method and subjecting the results to a battery of tests, we find robust evidence that jus soli laws—being more inclusive—lead to higher income levels than alternative citizenship rules in developing countries, though to a less extent in countries with stronger institutional environment.

Reconfiguring Citizenship in Contemporary India

In this paper the author revisits her book, Citizenship and Its Discontents: An Indian History (2013), to examine its central themes—status, rights and identity—in relation to political developments in India since 2014. The paper argues and provides evidence for, firstly, the greater consolidation of a jus sanguinis citizenship regime, with an attenuation of religion-neutral laws of citizenship; secondly, a shift from a rights-based conception of social citizenship to a contributory approach to welfare, now burdened with the requirement of a biometric identity; and, finally, the routinisation and normalisation of identitarian violence against Dalits and Muslims, rendering their citizenship even more precarious.

Does an Inclusive Citizenship Law Promote Economic Development?

This paper analyzes the impact of citizenship laws on economic development. We first document the evolution of citizenship laws around the world, highlighting the main features of jus soli, jus sanguinis as well as mixed regimes, and shedding light on the channels through which they could have differentiated impact on economic development. We then compile a data set of citizenship laws around the world. Using cross-country regressions, panel-data techniques, as well as the synthetic control method and subjecting the results to a battery of tests, we find robust evidence that jus soli laws—being more inclusive—lead to higher income levels than alternative citizenship rules in developing countries, though to a less extent in countries with stronger institutional environment.

Defining the nation in Russia’s buffer zone: the politics of citizenship by birth on territory (jus soli) in Moldova, Azerbaijan, and Georgia

ABSTRACTCitizenship by birth on territory (jus soli), versus by blood (jus sanguinis), is associated with liberal democracies and the Americas. Yet Azerbaijan and Moldova, part of the “buffer zone” between Russia and the West, have used unconditional jus soli. No such law exists in Europe or elsewhere in the post-Soviet space, including in Georgia, a third country that is part of this “buffer zone.” The three countries cannot forge closer links to the West due to Russia’s support of “frozen” separatist conflicts on their territories. The article finds that territorial citizenship in Azerbaijan and Moldova, as well as its absence in Georgia, are linked to territorial integrity concerns, a multi-century historical context that had thwarted or facilitated ethnic collective identity, and geopolitical fears of dual citizenship. Both authoritarian (Azerbaijan) and liberal-democratic (Moldova) states have used the resulting territorial concept of national identity to combat ethnic separatism, whereas Georgia remains an ethnocracy with difficulties integrating ethnic minorities.

Acquisition of Nationality by Birth on a Particular Territory or Establishment of Parentage: Global Trends Regarding Ius Sanguinis and Ius Soli

This contribution maps recent global trends regarding the grounds for acquisition of citizenship by descent and by birth on a particular territory. Questions of nationality law have traditionally been part of the State’s reserved domain. However, it will be seen that some of the trends regarding citizenship acquisition by ius sanguinis and ius soli can be attributed to the inroads made by international law into the rule that each State has absolute autonomy in deciding who its citizens are. Others are the result of the still considerable leeway available to States in nationality matters. Against the backdrop of the current international standards and drawing on data collected by the GLOBALCIT Observatory for 174 countries on five continents, the article analyses national practices in respect of the acquisition by ius sanguinis and ius soli, remedial ius soli for otherwise stateless children, and the nationality effects of the recognition of paternity.

Global Birthright Citizenship Laws: How Inclusive?

The principal way in which formal citizenship status is acquired is on the basis of birth, whether by descent (ius sanguinis) or territory of birth (ius soli), and most people retain their citizenship of birth for life. Yet birthright citizenship laws have received less attention than naturalisation procedures. Drawing on GLOBALCIT data on citizenship laws in 177 countries in 2016, and indicators of birthright citizenship laws constructed from these, we analyse how global provisions for birthright citizenship vary across the world. We examine the extent to which provision is automatic and unconditional or subject to conditions or restrictions, and the implications for inclusion, in particular of immigrants. Almost all states provide for ius sanguinis citizenship, although with varying restrictions, especially for those born to citizens abroad. Ius soli is unconditional in a small minority of countries, but in half the countries studied it is limited to foundlings and children who would otherwise be stateless, and it is entirely absent in some. Different levels of conditionality of ius soli citizenship exclude the children of immigrants from citizenship of the country in which they live, and can also produce statelessness. Notwithstanding international laws and conventions, some birthright provisions also explicitly exclude on the basis of the marital status of parents, and on gender, racial, ethnic, religious or cultural grounds—all with potentially significant impact on immigrants. Finally, birthright citizenship laws display clearly differentiated geographical patterns, and ius soli is by no means always strongly provided in countries with the largest immigrant populations.

Innovation in citizenship policies

ABSTRACT A viable citizenship program is pivotal for state development, and to let official policy determine politics as taught by T. J. Lowi. National states based on national-state citizenship are weaker and weaker before the key challenges of our times. That is why citizenship programs are more and more focused on innovation policies to integrate ius sanguinis, ius soli, citizenship on investment and citizenship on performance. This paper provides a strategic innovation policy by linking development and global citizenship. Innovative law-making, citizenship policy innovation, and development are dramatically interconnected to evolve a scenario in which citizenship represents a key intangible asset to generate tangible wealth in open horizons where free circulation of tangibles or intangibles is strategic and linked to downsizing the bureaucratic burdens, the local power centers by evolving a much leaner and higher organizational standard of citizenship: legally, isotropically, and socially. This results in a new theory of social systems as a useful tool for the management of the complexity of social relations, breaking territorial boundaries, and making them cosmopolitan (Beck, 2006. The cosmopolitan vision. Cambridge: Polity Press). In order to achieve this, the present study will be approached and related with cosmopolitism and development, aiming to bring new contours of study to this subject.

Explaining the birthright citizenship lottery: Longitudinal and cross‐national evidence for key determinants

AbstractIn the modern nation‐state, birthright citizenship laws – jus soli and jus sanguinis – are the two main gateways to sociopolitical membership. The vast majority of the world's population (97 percent) obtains their citizenship as a matter of birthright. Yet because comparative research has focused on measuring and explaining the multiple components of citizenship and immigration policies, a systematic analysis of birthright citizenship is lacking. We bridge this gap by analyzing the birthright component in prominent databases on citizenship policies and complementing them with original data and measures. This allows us to systematically test institutional and electoral explanations for contemporary and over‐time variation in birthright citizenship. Institutional explanations – legal codes and colonial history – are consistently associated with limitations on birthright law. As for electoral explanations, specific electoral powers – Nationalist, Socialist and Social‐Democratic parties – rather than the traditional left/right‐wing divide, are linked with reforms in birthright regimes.

Ending international surrogacy-induced statelessness: an international human rights law perspective

Statelessness among children born out of international surrogacy arrangements is a sad reality. Despite the availability of various international human rights law provisions guaranteeing nationality for newly born children, some states are reluctant to give nationality to the children of their citizens, who are born abroad through surrogacy arrangements. The article analyzes the root causes of statelessness among surrogate born children in the light of laws and regulations available in this realm, and concludes that countries have responsibility under international human rights regime to give nationality to children born out of international surrogacy arrangements. This obligation continues even when the state’s general public policy opposes surrogacy, and even when their jus sanguinis or jus soli norms would otherwise lead to a denial of nationality. The Article then introduces the possibility of discerning the content of these obligations not only from the major international agreements and conventions, but also from regional conventions. This method of analysis recognizes the non-negotiable nature of the human rights duties that states owe to children born out of international surrogacy arrangements while allowing some flexibility to individual states to realize these rights within their own individual and cultural understandings of nationality, parenthood, and the morality of surrogacy.