Nationality Asylum and Extradition Final

Nationality  Nationality means a bond or link between a state & an individual under IL. Under municipal level, the same concept is known as citizenship, i.e. the connection between a person and his country at municipal level. A person’s permanent residence is called his domicile. esidence is !ust a place o" current stayin#. A person who is not havin# any nationality is known as a stateless person under IL. Significance/Advantages/Impor Significance/Advantages/Importance tance of Nationality

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%ives a claim claim o" protection protection.. very person person can claim protection protection "rom his his own nation. nation. A national can claim diplomatic protection. 'etermi 'eterminat nation ion o" o" enemy enemy charact character er (statu (status$. s$. No e)tradition e)tradition * Nationa Nationals ls are #enerally #enerally not e)tradited e)tradited to anothe anotherr country +IL +IL rule. rule. bli bli#at #atio ion n to to puni punish sh.. -or e)er e)ercisi cisin# n# e)tra e)trater territo ritorial rial !uris !urisdic dictio tion/ n/ +ivil +ivil & +rimin +riminal al !urisd !urisdict iction ion00 concept concept o" passiv passivee & active active nation nationality ality00 state state can

e)ercise !urisdiction on the basis o" either nationality o" accused or that o" the victim. #$ No country country can detain1preven detain1preventt comin# comin# (receivin#$ (receivin#$ back back o" its national nationals. s. Mode of Acquisition

2$  Jus Soli *  * i.e. by birth, means the children takin# birth in a country #ettin# the nationality o" that country. 3ost countries "ollow this principle. 4$  Jus Sanguins * Sanguins * i.e. by descent, meanin# meanin# that the children #ettin# #ettin# their nationality by the nationality o" their parents. -ollowed by many countries includin# India, U5A etc. In case o" con"lict, when the nationality o" the parents is di""erent, it is usually decided  by the act o" the party, i.e. by e)press declaration a person can choose which one o"  the nationality he wants to "ollow. 5ome places there are di""erent laws o" the country, e.#. %ermany #ives the "ather’s nationality nationality.. I" the party does not e)ercise any option option then then unde underr IL nati nation onali ality ty is estab establis lishe hed d thro throu# u#h h the the test test o" 6+lo 6+lose se & Intim Intimate ate +onnection’. 7$ 8y ption* ption* i" an indivi individual dual has #ot #ot more than than one national nationality ity then he he has to choose choose one o" them. 9$ 8y 5ub!u#atio 5ub!u#ation* n* i.e. "orce"ul "orce"ul anne)ation anne)ation o" a territory by another another country country.. :hen :hen the state is de"eated or con;uered, all the citizens ac;uire the nationality o" con;uerin# state. $ 8y esumpti esumption* on* a ?erson who was tempora temporarily rily depriv deprived ed o" his nationa nationality lity due due to some reason & subse;uently, he may resume his nationality a"ter "ul"ilment o" certain conditions.

@$ 8y e#istrationA person may ac;uire nationality o" a state throu#h re#istration. he  process o" re#istration may be di""erent "rom one state to another dependin# upon the laws o" the state. B$ 8y Naturalisation* means Ac;uirin# nationality by way o" lon# & continuous stay. :hen a person livin# in a "orei#n state "or a lon# time ac;uires the citizenship o" that state then it is said to be state o" nationality ac;uired throu#h nationalisation.  Notte Boehm(nationality) case

 Notte was born in 2BB2 in %ermany, hence was a %erman national. In 2CD