Nationality and principles of international law in Chinese practice

Thèmes abordés

Nationality-principles of international Law.chinese practice

Résumé du document

The nationality law of the People's Republic of China adopted by the fifth National People's Congress at its third session on September 10, 1980 is a socialist law that reflects the essence of Chinese democratic dictatorship and the domestic and foreign policies pursued under the leadership of the Chinese Communist Party. Nationality as an institution came into being in modern history with the development of international relations. Every state has its nationality law and statutes which, by defining who its nationals are, provide individuals the status of belonging to that state, give them the rights and obligations arising therein, and make their protection a duty of that state.

The Universal Declaration of Human Right regards nationality as a basic right of every person. States have formulated their nationality laws primarily in the light of their own historical traditions, political systems, population policies, international relations and others factors, and in pursuit of their own interests. Article one of the 1930 Hague Convention on certain questions relating to the conflict of nationality laws declares that "it is for each state to determine under its own law who its nationals are". That every sovereign state has the right to draw up its own nationality law is a basic principle of international law.

On the other hand, the question of nationality has a direct bearing on the relation between states. Conflicts over nationality have become a de-stabilizing factor in the international community. Therefore, to reduce such conflicts and ensure their rational resolution is not only a generally accepted principle of international law, but also a question to be tackled in inter-state relations. The great increase in international contacts and population movement in recent years has made the question of nationality all the more important and become a cause for change in the relevant area of legal principles and practice.

Particularly, the growing number of refugee problems and the related issue of legal status for these refugees have become a major international issue crying for solution through the formulation of commonly accepted legal principles. A most urgent task is to determine the nationality of the refugees as well as the legal duties incumbent upon the states concerned.

Extraits

[...] Section Article thus making the procedure clearer than before. In the case of a woman's husband renouncing his Chinese nationality, the 1909 statute stipulated that if a woman's husband gave up his Chinese nationality, the wife and his children lose their Chinese nationality at the same time. However, if the wife wished to retain her nationality or the person who gave up Chinese nationality wished their underage children to retain their nationality, consent would be granted to their application (Article 14, chapter 3).The revised Nationality law of 1914 and 1929, on the other hand, stipulated that the wife and children forfeited their Chinese nationality only in the case that the law of her husband's country required them to adopt its nationality (Article 15) Acquisition of Chinese Nationality through naturalization: As a condition for naturalization in China, both the 1909 statue and the 1914 Law required that the applicant to pledge upon acquiring Chinese nationality to cancel his or her original nationality in accordance with the law of that country in order to avoid dual nationality. [...]

[...] Nationality as an institution came into being in modern history with the development of international relations. Every state has its nationality law and statutes which, by defining who its nationals are, provide individuals the status of belonging to that state, give them the rights and obligations arising therein, and make their protection a duty of that state. The Universal Declaration of Human Right regards nationality as a basic right of every person. States have formulated their nationality laws primarily in the light of their own historical traditions, political systems, population policies, international relations and others factors, and in pursuit their own interests. [...]

[...] That every sovereign state has the right to draw up its own nationality law is a basic principle of international law. On the other hand, the question of nationality has a direct bearing on the relation between states. Conflicts over nationality have become a de-stabilizing factor in the international community. Therefore, to reduce such conflicts and ensure their rational resolution is not only a generally accepted principle of international law, but also a question to be tackled in inter-state relations. [...]

[...] The new nationality law reiterates the following important principles: The People's Republic of China is a unitary, multi-national state and a person belonging to any of the minority nationalities of China must have Chinese nationality. That is to say, the various nationalities under the jurisdiction of China possess the same, singular nationality. Considering the specific conditions of China, including its population make-up, the Nationality Law combines the jus sanguinis and the jus soli, with the former as the primary principle and latter the supplementary principle. It's reiterated in the Nationality Law that China does not recognize dual nationality for Chinese citizens. [...]

[...] After the Republic of China was founded, the Northern Warlord Government promulgated a Revised Nationality Law in December 1914.Later the Kuomintang made further amendments and published its own Nationality Law in February 1929.These three laws shared one basic point: They all the emphasis on the jus sanguinis, with the jus soli as a supplement” and reserved Chinese nationality for those Chinese who had stayed abroad for several generations, that their descendants, regardless of their generation, still have Chinese nationality”. But they differed on some specific points: 1. [...]