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Nationality: Jus Soli or Jus Sanguinis

Published online by Cambridge University Press:  04 May 2017

Extract

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.

Type
Research Article
Copyright
Copyright © American Society of International Law 1930

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References

1 The Statutes at Large; being a Collection of all the Laws of Virginia from the First Session of the Legislature, in the year 1619. By William Waller Hening, Vol. X (1822), Ch. LV, p. 129.