Nationality and International Law

Sociology | Mercantile Law | International Law | International Relations

HISTORICAL ENDEAVOR OF INTERNATIONAL COMMUNITY REGARDING NATIONALITY
Nationality is no doubt the concern of a state and a person who claims to be its national but in the world of globalization, international community gathered a number of times to bring solid and unanimously acceptable legislation over it. This is in order to assuage the conflicts arising out of the divergent state laws in respect of nationality.

So, Hague Conference conducted in 1930 made an effort to tackle such complications. Later, ‘Convention of Nationality of Married Woman’ was adopted in 1957 and another ‘Convention on the Reduction of Statelessness’ was taken into consideration in 1961.

WHY INTERNATIONAL LAW IS CONCERNED ABOUT NATIONALITY?
According to Starke, there are a number of factors which clarify that why international law has concerns for nationality.

  • Rights of Diplomatic Agents can be defined and protected when he has nationality of some state.
  • Commission of crimes by a person with the national of another state or while residing in other state are to be dealt keeping in view the criminal’s original nationality.
  • Extradition is possible only when the status of nationalities is clear.
  • In war, enemies are required to be classified on the basis of their nationalities.

To sum it, one may say that; ‘Nationality is the link through which an individual can enjoy benefits of International Law’.