ASSIGNMENT.

PUBLIC INTERNATIONAL LAW

ABDULWALI KHAN UNIVERSITY MARDAN

SUBMITTED TO . Dr. Ilyas sb

Topic ( nationality in detail)

Introduction.

Nationality, in law, membership in a nation or sovereign state. It is to be distinguished from citizenship

(q.v.), a somewhat narrower term that is sometimes used to denote the status of those nationals who
have full political privileges. Before an act of the U.S. Congress made them citizens, for example,
American Indians were sometimes referred to as “noncitizen nationals.”

Nationality, in law, membership in a nation or sovereign state. It is to be distinguished from citizenship

(q.v.), a somewhat narrower term that is sometimes used to denote the status of those nationals who
have full political privileges. Before an act of the U.S. Congress made them citizens, for example,
American Indians were sometimes referred to as “noncitizen nationals.”

Individuals, companies (corporations), ships, and aircraft all have nationality for legal purposes. It is in
reference to natural persons, however, that the term finds most frequent use. Nationality is in fact
commonly regarded as an inalienable right of every human being. Thus, the UN Universal Declaration of
Human Rights (1948) states that “everyone has the right to a nationality” and that “no one shall be
arbitrarily deprived of his nationality.” Nationality is of cardinal importance because it is mainly through
nationality that the individual comes within the scope of international law and has access to the political
and economic rights and privileges conferred by modern states on their nationals.nationality

Nationality, in law, membership in a nation or sovereign state. It is to be distinguished from citizenship

(q.v.), a somewhat narrower term that is sometimes used to denote the status of those nationals who
have full political privileges. Before an act of the U.S. Congress made them citizens, for example,
American Indians were sometimes referred to as “noncitizen nationals.”

Individuals, companies (corporations), ships, and aircraft all have nationality for legal purposes. It is in
reference to natural persons, however, that the term finds most frequent use. Nationality is in fact
commonly regarded as an inalienable right of every human being. Thus, the UN Universal Declaration of
Human Rights (1948) states that “everyone has the right to a nationality” and that “no one shall be
arbitrarily deprived of his nationality.” Nationality is of cardinal importance because it is mainly through
nationality that the individual comes within the scope of international law and has access to the political
and economic rights and privileges conferred by modern states on their nationals.

The state, through constitutional and statutory provisions, sets the criteria for determining who shall be
its nationals. The right of a state to confer its nationality is, however, not unlimited, for otherwise it
might impinge upon other states’ rights to determine what persons shall be their nationals. By one rule
of international customary law, a person who is born within a state’s territory and subject to its
jurisdiction acquires that state’s nationality by the fact of such birth. By another rule, one has a
nationality as an inheritance from one or both of one’s parents. States vary in the use of the two
principles.

Definition

A person’s nationality is where they are a legal citizen, usually in the country where they were born.
People from Mexico have Mexican nationality, and people from Australia have Australian nationality.
People of the same nationality usually share traditions and customs, and they might look a little alike,
too.

Importance.

Ationality is a complex concept that encompasses various aspects of identity, citizenship, and belonging.
It refers to an individual’s legal and social membership in a nation-state and plays a significant role in
shaping personal identity, rights, and responsibilities. This essay explores the multifaceted nature of
nationality, its significance in modern societies, the factors that influence national identity, the legal
frameworks surrounding nationality, and the ongoing debates and challenges related to this concept.

Understanding nationality

Nationality refers to an individual’s affiliation with a particular nation-state, indicating their legal and
social ties to that country. It encompasses factors such as birthplace, ancestry, cultural heritage,
language, and shared values and symbols. Nationality often shapes an individual’s sense of belonging,
influencing their cultural, political, and social identification.

National identity and belonging

Nationality plays a pivotal role in the construction of personal identity and a sense of belonging. It
provides individuals with a framework through which they relate to others and express their shared
experiences, traditions, and values. National identity can foster a sense of unity and solidarity among
citizens, promoting social cohesion and collective action. It also serves as a basis for cultural preservation
and the transmission of heritage from one generation to the next.

Factors influencing national identity

Various factors contribute to the formation of national identity. Geography and shared history, including
significant events and struggles, shape collective narratives and a sense of shared destiny. Language, as a
vehicle of communication and cultural expression, plays a significant role in fostering national identity.
Cultural practices, traditions, and symbols, such as national holidays, sports, music, and cuisine, also
contribute to a shared sense of identity. Education and socialization processes are instrumental in
shaping national identity, as schools and family transmit values, narratives, and historical perspectives
that reinforce a sense of national belonging. Media, literature, and the arts also contribute to the
representation and construction of national identity.

Legal frameworks and citizenship

Nationality is closely linked to citizenship, which grants individuals certain rights, privileges, and
obligations within a nation-state. Legal frameworks define the acquisition, loss, and transmission of
citizenship, outlining the conditions for becoming a citizen, including birthright, descent, naturalization,
or marriage. These laws vary across countries and may undergo changes over time, reflecting societal
and political dynamics. Citizenship entails both rights and responsibilities. Citizens are entitled to legal
protections, political participation, social benefits, and access to public services. However, citizenship
also involves duties, such as obeying laws, paying taxes, and participating in the democratic process.

Debates and challenges

The concept of nationality is not without debates and challenges. Discussions arise regarding the
inclusivity of national identity, particularly in multicultural and diverse societies. Questions regarding the
balance between national loyalty and global citizenship, as well as the impact of nationalism and
xenophobia on social cohesion, continue to be topics of discussion. Additionally, issues of statelessness,
where individuals lack any nationality, highlight the gaps and limitations of existing legal frameworks.
Nationality plays a significant role in shaping personal identity, citizenship, and a sense of belonging.
While legal frameworks define and regulate nationality, it is a complex concept influenced by geography,
history, language, and cultural practices. Embracing inclusivity, recognizing diversity, and ensuring equal
rights for all individuals regardless of their nationality are crucial for building inclusive and harmonious
societies

1.How we measure international migration

As we transform the way we produce international migration statistics to better meet user needs, we are
developing new methods using a range of data sources.

The data sources we use show international migration (referred to as migration from now on) through
two main measures: country of birth and nationality. However, country of birth and nationality can give
different perspectives on the statistics.
A person’s country of birth does not change. Therefore, it is often the preferred measure when looking at
the long-term changes in migration. To look at more recent changes, we recommend combining country
of birth with year of arrival (for example, non-UK-born arrived in the last five years).

A person’s nationality can change. A person can gain new citizenship (a person’s formal membership of a
state) and hold multiple passports reflecting different nationalities. Nationality reflects an individual’s
choice to become a citizen, as well as their ability and eligibility to do so. As nationality can show a
person’s legal status of a country or countries, it can potentially provide a more recent reflection of
migration.

Passports held is another measure that can be used to describe migration statistics. It is often a way of
identifying dual or multiple nationality.

Statistics based on migration measures can provide insight into both population size (for example, stocks
or levels) and movement of people (for example, flows).

For stocks, we consider the number of people normally resident in the UK at a point in time by country
of birth and nationality. For long-term migration flows, estimates are based on the nationality of the
number of people recently arriving or leaving the UK for a period of 12 months or more. Both migration
stocks and flows are defined using the standard United Nations (UN) definition for usual residence. That
is, the country in which a person has a place to live, where they normally spend the daily period of rest
for the majority of the year.

Main challenges of measuring migration

Different data sources collect and use the measures country of birth, nationality, and passports held in
different ways. This leads to inevitable differences in the statistics produced from each data source.
However, all of these statistics are reported under the term “international migration,” which can lead to
confusion.

The way these measures are described is also often confused. The term “foreign national” is used
frequently, and sometimes this statement is mistakenly used when referring to country of birth instead
of nationality data. Nationality is also regularly confused with national identity or ethnicity.

This guide addresses these misunderstandings and helps users to interpret the measures correctly.

2.Recommendations for use

When describing migration statistics, it is important to ensure these statistics are clear for all users. The
following are recommendations of how to use the current definitions and measures.

Intended use of migration measures

1. Users should decide whether country of birth or nationality is the most appropriate measure to
report.

Typically, a person’s country of birth does not change. Therefore, it is the preferred measure when
looking at the longer-term impacts of migration and the population of people who have moved to the UK
over the course of their lifetime. Whereas nationality of a country is a legal status and can change if new
citizenship is gained, and multiple passports can be held. People who move to the UK only become
eligible for citizenship after a number of years. However, some non-British nationals never acquire British
citizenship even after long periods of residence.

2. Users should decide if they want to report on nationality or national identity, to avoid misusing
the terms.

There can be confusion regarding the two terms unless there is clear clarification on the difference
between them. Users need to be clear about the distinction between national identity, which is a self-
identified indicator of cultural identity and nationality, which is a legal status of a country or countries.

3. Users should be aware that ethnicity is not a measure of migration.

There is no consensus on what constitutes an ethnic group, and membership is something that is self-
defined and subjectively meaningful to the person concerned. Since ethnicity has many different
aspects, various possible ways of measuring ethnic groups are available and have been used over time.
These can include country of birth, nationality, language spoken at home, skin colour, national or
geographical origin, and religion. What is generally accepted, however, is that ethnicity includes all these
aspects, and others, in combination.

Consistency of language

4. Users should use the right terminology when reporting migration statistics.
Country of birth, nationality, citizenship, and passports held are sometimes used interchangeably when
reporting on migration statistics. When this happens it makes interpretation unclear and can cause
confusion. It affects the comparability, coherence and consistency of statistics and reporting. Therefore,
there needs to be clear, concise, and comprehensive explanations of what each statistic is measuring.
Using the definitions in Section 6: Glossary will help ensure that terms are used correctly and that users
are clear on what each term means.

Accurate reporting

5. Users should clarify or check that the terms they are using in the data and statistics match how
the user is interpreting and reporting them.

This will minimise the misreporting of statistics.

6. Users need to identify and report the associated caveats related to each data source.

There are caveats on the migration measures associated with every data source. These should be
carefully considered when users are reporting on the data and statistics. The main caveats are described
in the data descriptions of Section 3: Country of birth, Section 4: Nationality, and Section 5: Passports
held.

3.Country of birth

Definition

Country of birth is the country in which a person was born. This is different to nationality which is the
country or countries where a person can have a legal status, although they may not reside in that
country.

There are times when someone is not born in a country (for example, at sea). In this situation the
country where the birth is registered is usually used.

Country of birth does not change, except as a result of an international boundary change. For example,
Czechoslovakia, where people could be born in Czechoslovakia, the Czech Republic or Slovakia, but their
nationality will be one of the last two as the first no longer exists.

Data that contain country of birth

At present there is limited availability of country of birth collected on administrative data. Most of the
data sources that collect a person’s country of birth are survey based.

Census

The census takes place every ten years in the UK and asks the respondent to provide the country of birth
for each member of the household.

International Passenger Survey (IPS)

The IPS gives information about travel in and out of England, Wales, and Scotland. It collects the country
of birth as stated by the passenger in the interview.

Labour Force Survey (LFS) and Annual Population Survey (APS)

These are household surveys covering the whole of the UK. They ask the respondent for the country of
birth of each member of the household.

When to use it

As a person’s country of birth typically does not change, it is sometimes preferable to use when
analysing the UK resident population. As it remains constant across time it is a consistent measure of
long-term migration and is not affected by rates of successful British citizenship applications. Statistics by
country of birth are useful in understanding the longer-term contribution of international migration to
the UK, including people who have moved to the UK and since changed their nationality.

Main challenges

Self-reporting

For each of the data sources, the person’s country of birth is self-reported, and no evidence is asked to
validate their answer. In a small number of cases, there is a potential for bias, where a person may give
an answer that they see as more socially acceptable or through fear of discrimination.

Limited insights into migration patterns

Country of birth alone does not give much of an indication of migration patterns. To look at more recent
changes, we recommend combining country of birth with year of arrival (for example, non-UK-born
arrived in the last five years).
British nationals born abroad

Some individuals may be born abroad but are British nationals, either through entitlement or
naturalisation. This means they will appear in migration datasets as non-UK-born despite being a British
national.

Example:

Lucy and both their parents are British nationals. Lucy was born while their parents were working in the
armed forces based overseas in Cyprus. They are therefore recorded as non-UK-born, so will appear in
the migration data and statistics when looking at country of birth.

Back to table of contents

4.Nationality

Definition

Nationality of a country is a legal status that usually gives a person a particular set of rights relating to
that country. It can be possible for someone to have two or more nationalities, often referred to as dual
or multiple nationality.

The measures citizenship and passports held are often collected and used interchangeably with
nationality. In general, this will be appropriate for most people, but it is not the case for everyone.

Difference between nationality and passports held

For a lot of people nationality and passports held will be the same. However, for others who hold
multiple passports, or have more than one nationality, then these can differ.

In some data sources nationality is determined through what is stated on the person’s passport.
However, in other cases passports held is a separate question and the person is directly asked what
passports they hold. Therefore, in these cases it is possible for a person to state that their nationality is
different to what is on their passport.

Difference between nationality and citizenship

Citizenship is a status that identifies a person’s formal membership of a state, entitling them to hold a
country’s passport.
The measures nationality and citizenship are often used interchangeably. The measures can differ across
countries. To use British citizenship and nationality as an example: British citizenship is a type of British
nationality. This means someone can have a British nationality without being a British citizen.

Difference between nationality and national identity

Nationality is often mistaken for national identity, which is a measure of self-identification. National
identity is subjective, as it allows a person to express a preference as to which country or countries they
feel most affiliated to, regardless of their actual nationality. For example, a person may sometimes
respond Welsh and other times British.

Data that contain nationality

Data sources have different ways of defining and collecting information on a person’s nationality.

Census

A proxy for nationality is derived using the passports held question. The census question does not allow
for any indication of a “primary” passport or identification of nationality. Therefore, we prioritise in the
following order to derive nationality:

British

Irish

Conclusion.

Nationality mostly focuses on the personal aspect and is in fact a bond that links an individual to a state
in order for him/her to benefit from the protection of that state. Possession of a state’s nationality
means the legal conditions of that state are collective for the individual.