Nationality

Nationality is a foundational legal concept that defines the formal relationship between an individual and a state. It establishes an individual as a recognised member of a national community and forms the basis for the state’s jurisdiction over the person, as well as the state’s obligation to provide protection. Although often used interchangeably with citizenship, nationality represents a distinct legal status with roots in both domestic legislation and international law.

Meaning and Legal Significance

Nationality denotes formal membership of a nation understood either as a population under a single legal system or as a group united by shared cultural characteristics. In international law it serves as the identity marker that binds an individual to a sovereign state, giving the state authority over the person and obliging it to protect that individual in the global arena.
The precise rights and responsibilities associated with nationality depend on national laws. In many countries nationality and citizenship coincide, but in legal terms they may diverge. Citizenship typically involves the right to participate in political life, such as voting, standing for office or accessing full civic privileges. The term national can include both citizens and certain non-citizens who retain a legal link with the state without enjoying full political rights.
International law recognises that every person has the right to a nationality. It also prohibits arbitrary deprivation of nationality and protects the right to change nationality. Despite these principles, only a limited number of states provide formal procedures to determine statelessness, leaving many people without effective access to this recognised status or its associated protections.

Nationality in International and Regional Law

International law treats nationality as the bond that allows a state to protect its nationals and impose obligations upon them. While nationality alone does not automatically confer rights or duties, it is a prerequisite for accessing most state-created entitlements. European law particularly emphasises the role of nationality in consular protection and diplomatic representation.
States retain broad freedom to define who qualifies as a national, subject to certain international norms and treaties. However, other states are required to recognise nationality claims only when there is a genuine social connection between the individual and the state, a principle highlighted in historical jurisprudence. In cases of dual nationality, states may determine which nationality is the most effective for legal purposes.
International safeguards also set limits on the loss or withdrawal of nationality. The guarantee that no one shall be arbitrarily deprived of nationality forms a core part of human rights law and limits state authority in this area.

Bases for Acquiring Nationality

States recognise several pathways through which nationality may be obtained. These usually appear in domestic nationality legislation and may operate automatically or by application.
Nationality by descent (jus sanguinis)This principle grants nationality to individuals based on their parents’ status. Historically this often followed the paternal line, but modern laws generally permit descent through either parent. Several countries place limits on the number of generations born abroad who may inherit nationality, while others require registration at consulates or impose no generational limits. This mode of acquisition is prevalent in civil law systems.
Nationality by birth within the territory (jus soli)Under this rule, persons born within the state’s territory automatically acquire nationality. Originating in English common law, unconditional jus soli remains widespread in many states of the Americas, but has been curtailed in numerous other jurisdictions. Many countries combine jus soli and jus sanguinis, granting nationality through either parentage or birthplace.
Nationality by marriage (jus matrimonii)Marriage to a national may facilitate naturalisation. Some states require the foreign spouse to hold permanent residency and meet integration requirements, while others allow spouses of expatriate nationals to obtain nationality following a certain period of marriage. Measures to detect fraudulent marriages are common in states with significant immigration.
Nationality by residence (naturalisation)Most states allow long-term residents, asylum recipients and legally admitted migrants to acquire nationality after a prescribed period. Conditions often include language proficiency, knowledge of national culture or institutions, evidence of good character and the absence of serious criminal convictions. Some states require an oath of allegiance or the renunciation of prior nationality, though dual nationality is increasingly accepted.
Nationality by investmentCertain states operate investment-based nationality schemes, allowing individuals to obtain nationality by contributing significant financial resources through investments, bonds or direct donations. Although legitimate and generally quota-controlled, such schemes are controversial due to their high cost and concerns over fairness and due diligence.

Nationality and Statelessness

A stateless person is someone not recognised as a national by any state. Statelessness may result from conflicting nationality laws, discrimination, state succession or administrative barriers. While international treaties seek to reduce and prevent statelessness, many states lack formal mechanisms to identify stateless individuals. Consequently, stateless persons may be unable to access fundamental rights or legal protections.

Nationality, Ethnicity and Identity

Historically, nationality has also been used to denote ethnic identity, especially in older legal and historical texts. In some multilingual or federal states, individuals may be regarded as nationals of a sub-state group with autonomous administrative powers. In wider political debates, nationality can overlap with identity politics and nationalism, where legal nationality and cultural identity become conflated.
National identity may therefore be shaped by ancestry, language, cultural heritage or political affiliation, even when legal nationality is defined solely by statutory criteria. This duality contributes to the complexity of discussions surrounding national belonging.

Nationality in National Law and Legal Protections

Domestic law regulates the rights associated with nationality, including the right of return, residence, and access to diplomatic assistance abroad. Many states legally enshrine protections linked to nationality, such as preventing its arbitrary removal or guaranteeing equal treatment for nationals.
Several international and regional human rights instruments reinforce the right to nationality, including provisions establishing nationality rights for children, safeguarding women’s nationality rights and addressing discriminatory practices. These instruments complement domestic nationality laws and aim to ensure that nationality functions fairly and consistently within the global legal framework.