Migration
and Citizenship
Section 3.7
Topics:
Citizenship
Citizenship Laws
Citizenship and Migrants
Loss of Citizenship
Essentials of Migration Management
Volume Three: Managing Migration
Migration and Citizenship
Migration
and Citizenship
Section 3.7
The principles of citizenship emerge from a dynamic relationship between the sovereignty of States
and the human rights of individuals. This Section reviews issues surrounding the citizenship of
migrants. Migration adds complexity to issues of citizenship in nation-States and contributes to
the ethnic and cultural diversity of societies. Technologies are improving communications, travel,
and commerce, resulting in a world that is increasingly interconnected. One consequence of this is
that more and more people are moving and residing outside their countries of origin. Lengthy stays
often result in permanent settlement and cross-national marriages, with offspring having the right
to more than one citizenship. Increased migration, multiple citizenship, a globalized interdependent economy, and the integration of political and social systems have caused policy makers to pay
more attention to citizenship issues and policies. Citizenship law within States, and between States,
must address issues of multiple citizenship, migrant citizenship, citizenship loss, and citizenship
acquisition.
Learning Objectives
•
identify major issues to be addressed in the area of citizenship
•
understand the importance of citizenship issues for a comprehensive migration management
policy
•
understand how to assess the implications of a citizenship option in migration policy development
3
Section 3.7
Background
Citizenship and nationality are two overlapping and largely interchangeable terms. While the definition of “nationality” includes the legal status of membership in a State, it is also frequently linked to
the concept of membership in a particular ethnic group that may involve more than one geographic location and that may cross political boundaries. Some States have laws that make distinctions
between citizenship and nationality. In this Section, we are primarily concerned with the laws and
policies surrounding the status of persons in States. While the terms “citizenship” and “nationality”
can be interchangeable, for the sake of clarity the term “citizenship” will be used wherever possible.
Citizenship is a concept that implies protection against its arbitrary withdrawal. Traditionally, the
most important functions of citizenship have been to determine the rights and duties of States
regarding:
•
•
•
jurisdiction over their citizens
the right of diplomatic protection
duties of admission.
Guiding Questions
1
Does the understanding of citizenship require further clarification or elaboration in your setting?
2
To what extent do the concepts of citizenship facilitate management of migration in your setting?
3
What impact might multiple citizenship have on the legislation that governs procedures for
4
What is your State’s current policy regarding the granting of citizenship to migrants residing
5
To what extent are your State’s policies on citizenship, migration management, and integra-
integrating migrants in your setting?
in the State for a long period of time?
tion consistent and mutually supportive?
4
Migration and Citizenship
Citizenship determines rights and responsibilities for individuals, States, and communities. There is little international law governing citizenship. Under customary international law, States are generally free to determine who
their own citizens are. It follows that simultaneous application of different criteria may lead to multiple citizenship.
Like acquisition of citizenship, loss and deprivation are generally considered matters for State discretion. However,
since loss and deprivation affects existing international human rights, these matters are subject to stricter limits
as determined in international law.
In dealing with citizenship issues, a balance needs to be achieved between the legitimate interests of individuals
based on their human rights and the discretion of sovereign States.
Terms and Concepts
Citizenship
Citizenship has meanings that vary from country to country and between academic disciplines. It has
two primary meanings: 1. A legal status of membership in a nation State. 2. Membership in a community that is not necessarily defined as a nation State. For example, European citizenship, universal
citizenship, or “post-national citizenship.”
Customary international law
International laws that derive their authority from the constant and consistent practice of States,
rather than from formal expression in a treaty or legal text. Customary international law changes as
a result of contributions made by individual States. When a State acts from what it determines are
its legal obligations in the international community, its practice can contribute to the formation of
customary international law. This occurs when other States adopt and consistently follow the contributing State’s example.
5
Section 3.7
De facto
In reality or fact; actually
De jure
According to law; by right
Ex lege
As a result of law
Expatriation
To give up residence in one’s homeland; to renounce allegiance to one’s homeland; to lose one’s citizenship as a result of State action
Jus soli
Acquisition of citizenship by birthplace, sometimes in connection with additional conditions; for
example, at least one parent having the right to permanent residence, or the birth of one parent in the
territory of the host State
Jus sanguinis
Acquisition of citizenship by descent from one parent, resulting in dual citizenship if parents are of
different citizenship
Nationality
Status of membership in a nation State. Nationality law determines the conditions under which this
legal status is granted. Nationality also is frequently used in the context of an ethnic group forming a
part of one or more political nations.
Public international law
A framework of principles agreed to by States that governs the international relations between States,
international organizations, and other subjects of public international law
Statelessness
Lacking the legal status of membership in any State
6
Migration and Citizenship
Citizenship
Topic One
Citizenship
Citizenship is a legal tie between an individual and a State that places the individual under the jurisdiction of a State. States have generally encouraged the maintenance of citizenship of their citizens,
even when there has been permanent emigration for ethno/cultural reasons.
Citizenship is a result of the historic evolution of each State, and it cannot be easily described by a
general list of definitions and rules without taking into account the complexities and uniqueness of
every country.
Section 1.4, Authority and Responsibility of States, describes State jurisdiction and limits on State
authority.
Internationally recognized citizenship principles are emerging from the fact that citizenship involves
more than the legal protection of the individual by the State. Citizenship also pertains to individual
rights and duties. An individual’s citizenship is a fundamental requirement for the exercise of political rights and the performance of political duties; for example, the right to vote, or the obligation to
perform military service.
While State laws and practice have varied widely with regard to granting citizenship, there are
common elements including citizenship by birth and citizenship through naturalization. Domestic
law may require that additional conditions be satisfied before citizenship is granted, for example,
residence in the country of citizenship. Multiple citizenship can be the result when several criteria
are applied simultaneously. The most common source of dual citizenship for people has become
the acquisition of citizenship from parents of two different citizenships. Dual citizenship may be
combined with a third citizenship acquired by birth in a territory, leading to a triple citizenship.
Multiple citizenship can lead to conflicts when competing rights and obligations are involved. Since
international law is largely silent on the question of solving conflicts arising from the exercise of
multiple citizenship, it is up to the States concerned to conclude special agreements on issues of
conflict of laws, exercise of political rights, and military and other obligations.
A key challenge for States is whether the primary obligations of dual citizens should be to the State
of residence or the State of birth, and which State should serve as a primary protector of the
individual.
7
Section 3.7
What You Need To Know About...
Citizenship
Under customary international law, States are generally free to determine who their citizens are. In
principle, there are two different systems for doing this, but in practice, States use neither of these
two criteria exclusively. In reality, a combination of criteria determines the conditions for granting
citizenship:
•
citizenship at birth or jus soli, where citizenship is primarily acquired by the fact of being
born in a territory over which the State maintains jurisdiction. In jus soli countries, citizenship is invariably acquired by descent as well.
•
citizenship through descent or jus sanguinis, where citizenship is acquired primarily through
birth from parents having a specific citizenship. In jus sanguinis countries, citizenship may
also be acquired by naturalization, marital status, or past or current residence. Policy
changes in a number of jus sanguinis States are being made in favour of granting citizenship
to children born to certain categories of immigrants, while at the same time modifying jus
soli rules to limit birthright citizenship to children born to permanent immigrants.
Citizenship implies the right of an individual to have a citizenship and also a right to be protected
against its arbitrary withdrawal.
Under Article 15 of the UN Universal Declaration of Human Rights of 1948, nationality implies a
person’s right to change his or her nationality.
Human rights considerations and the principle of non-intervention in the internal affairs of another
State provide the basis for limits imposed by international law on the sovereign right of States to
determine their own rules for the acquisition and loss of citizenship.
State law generally regulates the acquisition and loss of citizenship.
What You Need To Know About...
Multiple Citizenship
An increasing number of persons hold multiple citizenship. Traditionally, some States have been
uncomfortable with the notion of dual citizenship; however, the current global economic and political
climate is challenging States to accommodate dual and multiple citizenship.
8
No general principle against or in favour of multiple citizenship can be derived from international
law. International law does not limit the right of States to determine, in their internal law, whether
their citizens who acquire or possess the citizenship of another State retain its citizenship or lose
it. The Universal Declaration of Human Rights stipulates, however, that no one shall be arbitrarily
deprived of his or her nationality. Nor does international law limit the right of a State to use its
internal law to determine whether or not acquisition or retention of its citizenship is subject to the
renunciation or loss of another citizenship.
The “genuine and effective connection” test has gained acceptance in the context of multiple citizenship. International tribunals have frequently accepted a claim of diplomatic protection, even in case
of dual citizens, if the citizenship of the State raising a claim can be considered as the genuine and
effective one in contrast to a more formal citizenship of the other State.
What Do You Think?
It is sometimes argued that there should be a genuine and effective link between an individual and a
State in order to establish a citizenship that must be accepted by other States. There is, however, little
in the way of State practice that provides clear limits on State discretion to grant citizenship.
Apply What You Have Learned
1
What conditions in addition to legal membership are required for exercising
2
What criteria are used to determine the conditions under which citizenship is
3
What agreements does your State have with other States regarding citizenship?
4
What special agreements on issues of conflict of laws, exercise of political rights,
political rights and performing political duties in your State?
granted in your State?
and military and other obligations does your State participate in?
9
Citizenship
Migration and Citizenship
Section 3.7
5
What challenges are posed by adopting the “genuine and effective connection”
6
Does the understanding of citizenship require further clarification or elaboration
7
To what extent does the concept of citizenship facilitate management of migra-
test for citizenship?
in your setting?
tion in your setting?
10
Migration and Citizenship
Citizenship Laws
A State’s citizenship laws will be accepted in so far as they are consistent with international treaties, customary international law, and the principles of law generally recognized with regard to citizenship. Under international law, administrative procedures and judicial remedies are within each
State’s domain unless human rights treaties apply.
State practice supports the rule of avoidance of statelessness, but facilitation of access to citizenship for migrants has resulted in a growing concern on the part of States that a more open access to
citizenship may be misused to evade immigration restrictions or to escape expulsion or deportation.
It is generally up to States to prevent misuse. However, misuse of citizenship laws has become an
issue for international cooperation. International law does not exclude appropriate measures against
the misuse of citizenship laws. This implies an opportunity for increased international cooperation,
particularly in order to exchange information about techniques of fraud, presentation of false documents, registering of renunciation, and acquisition of citizenship.
Recent State practice shows a tendency to submit citizenship disputes to the ordinary administrative
and judicial process.
Important Points
1
There is little State practice providing clear limits on State discretion to grant citizenship. States
can grant their citizenship to citizens of another State if there are some links traditionally recognized
as a justification for naturalization.
Estonia and Latvia have eased citizenship requirements so that the Russians who moved into these countries
during and after World War II can become citizens. After independence in 1991, citizenship was restricted to
those who could speak Estonian and Latvian, and who could trace their roots to ancestors in pre-Soviet times.
11
Citizenship Laws
Topic Two
Section 3.7
2
Under customary international law, there is no right to a specific nationality nor is there a right
to change nationality or to acquire an additional nationality. Article 15 of the Universal Declaration
of Human Rights states, however, that everyone has a right to a nationality, and that no one shall be
arbitrarily deprived of his or her nationality nor denied the right to change his or her nationality.
3
The rights and obligations attached to citizenship are determined by internal law. With the
exception of the principle of equal treatment (Article 17, Paragraph 1 of the European Convention on
Nationality), few international rules restrict the right of States to prescribe additional requirements;
for example, habitual residence, for the exercise of rights that are usually attached to nationality,
provided that nationals are not discriminated against.
4
Customary international law requires States to admit their own citizens for entry and residence,
particularly if they are expelled from other States. This principle is laid down in many bilateral and
multilateral treaties on readmission.
5
There are as yet no indications of a “post-national” or “transnational” citizenship. A person may
not be a citizen of the European Union or of the African Union (AU) without first being a citizen of
an EU or AU Member State.
What You Need To Know About...
International Agreements
Increasing numbers of people with multiple citizenship may give rise to more international disputes
resulting from conflicting rights and obligations. A traditional rule of customary international law,
laid down in Article 4 of the Hague Convention of 1930, provides that a State may not afford diplomatic protection to one of its nationals against a State whose nationality such a person also possesses.
This rule, although maintained in State practice, has been gradually diminishing in importance due
to a number of exceptions. One exception concerns the raising of claims in case of human rights
violations, although the development of human rights has not made the institution of diplomatic
protection of a State in favour of its citizens obsolete.
Conflicts arising from different rules on the acquisition and loss of citizenship, and the rights and
duties of dual citizens, have resulted in a number of international agreements that regulate:
•
•
•
avoidance of statelessness
conflicting duties
diplomatic protection.
12
Migration and Citizenship
ality, embracing not only issues of conflict, but also questions of acquisition of nationality, general principles
relating to nationality, procedures, State succession, and cooperation between States’ parties.
It is a matter of debate whether there is already a general obligation under customary international law to grant
citizenship in case of statelessness, or whether the relevant rules derive exclusively from treaty obligations.
The right of everyone to a nationality is already enshrined in Article 15 of the Universal Declaration
of Human Rights. The right to a nationality can be interpreted as a positive formulation of the duty to
avoid statelessness.
The duty to avoid statelessness is laid down in various international instruments, in particular, in the
1961 Convention on the Reduction of Statelessness. The term “statelessness” refers to “de jure stateless
persons” rather than “de facto stateless persons.”
Some of the rules of Article 6 of the European Convention on Nationality relating to acquisition of
nationality to avoid statelessness may be considered as a codification of customary international law
because they are uniformly being accepted. For example, foundlings found in, or children born in the
territory, who otherwise would be stateless.
What You Need To Know About...
Misuse of Citizenship Law
Citizenship law cannot be used to renounce a citizenship in order to escape deportation by acquiring a status of statelessness. States permitting such renunciation are generally regarded as acting in
violation of international law.
Establishing statelessness for the main purpose of restricting a State’s sovereign right to decide on
the admission and residence of foreign citizens means acting against the community of nations. Such
renunciation may therefore be considered as invalid for the purpose of execution of migration laws.
Marriages of convenience have been used to qualify for automatic entitlement to citizenship or
13
Citizenship Laws
The European Convention on Nationality of 1997 indicates the need of States for a comprehensive code of nation-
Section 3.7
facilitated access to naturalization. New problems are emerging involving misuse of citizenship law
related to the recognition of registered partnerships that would entitle persons to preferential access
to citizenship.
In some States, a person claiming to be the father can recognize a child by a simple declaration,
thereby establishing the parenthood relationship and transmitting citizenship to a child.
Apply What You Have Learned
1
What international agreements does your State participate in to avoid stateless-
2
How are citizenship disputes handled in your State?
3
What agreements apply to the acquisition of citizenship by stateless persons in
4
How should human rights considerations influence citizenship laws in your State?
5
How should national interests influence citizenship laws in your State?
6
What misuses of citizenship law concern your State? What should be done to
ness, deal with conflicting duties, and organize diplomatic protection?
your State?
address them?
14
Migration and Citizenship
Topic Three
Citizenship and Migrants
As movements of people across borders increase, social homogeneity within individual States declines.
are increasingly faced with the challenge of developing or maintaining a sense of national cohesion
and unity in a context of ethnic and cultural diversity. Key policy questions about the acquisition
of citizenship arise with respect to immigrants, their immediate family members, and their descendants. Over the years, distinctions between jus soli and jus sanguinis regimes are becoming less clear.
Some jus soli States have modified their rules to grant citizenship only to children born to citizens
or lawful permanent immigrants within State territory; and some jus sanguinis States now grant citizenship to third-generation children born in the State. An increasing number of governments are
reviewing and modifying their citizenship laws in light of recent trends. In Southern Africa, for
example, four SADC Member States have citizenship laws that are less than ten years old, and in a
fifth Member State, citizenship laws are currently under review.
Important Points
1
The “Generational Approach” to citizenship proposes using generations as a determining factor
for citizenship. The approach suggests that third-generation immigrants be entitled to citizenship
at birth and that second-generation immigrants have almost automatic access to citizenship. This
approach results from the principle that it is desirable for immigrants and their descendants to
become citizens and have the right to become citizens. This approach requires policy changes only in
States that base their laws on jus sanguinis principles.
2
For refugees, Article 34 of the Convention Relating to the Status of Refugees provides a duty of
States to facilitate—as far as possible—their naturalization. According to the wording and purpose
of Article 34, there is no individual right of naturalization, although the duty to facilitate should be
taken into account in the exercise of administrative discretion.
3
There has, as yet, been no similar treaty provision providing a duty of States to facilitate—as far
as possible—the naturalization of migrant workers and their families. Recent practice in some States,
15
Citizenship and Migrants
An increasing number of States are exhibiting characteristics of multiculturalism.1 As a result, States
Section 3.7
however, shows a tendency to grant certain categories of migrants a right to acquire citizenship either
ex lege or on the basis of an application, usually after a specified period of residence.
4
The European Convention on Nationality provides that internal law shall contain rules that make
it possible for foreigners lawfully and habitually resident in the territory of a State party to be naturalized. The period of residence that can be required for naturalization is fixed to a maximum of ten
years. This corresponds to a common standard in Europe, where most countries require between five
to ten years of residence. Similar provisions exist in many countries. For example, most States in
southern Africa require a period of residence of between five and ten years before applicants can be
eligible for naturalization. In addition, other justifiable conditions for naturalization, in particular
with regards to language, absence of a criminal record, and the possibility of earning a living, may be
required.
5
Facilitation of acquisition of citizenship by migrants is sometimes tempered with measures
that ensure that citizenship by way of traditional criteria (for example, by descent) is not transmitted indefinitely without a genuine and effective connection to the State concerned. Often, measures
include a requirement to register, a requirement to renounce other citizenships, and/or parental
restrictions.
What You Need To Know About...
Multiple Citizenship and Migrants
There is a clear tendency for greater toleration of multiple citizenship. A large number of States have
changed their legislation in order to accept multiple citizenship for certain categories of immigrants,
thereby taking account of the connections of an immigrant with his/her country of origin. In addition, multiple citizenship is more often accepted when renunciation or loss is not possible or cannot
reasonably be expected.
Reasons for multiple citizenship may be a genuine sense of belonging to more than one place or
community, ease of travel, or convenience of business investment.2
Some States provide for multiple citizenship in cases where children have different citizenships
acquired automatically at birth, and in the case of automatic acquisition of another citizenship due
to marriage.
Even those countries that maintain the principle of avoidance of dual citizenship have largely facili-
16
Migration and Citizenship
tated the maintenance of a previous citizenship if renunciation of it meets serious obstacles or must
be considered as unreasonable.
An increasing number of States are reaching out to their diaspora to exercise their civic duty (for
example, to vote), although some theorists contend that political rights and responsibilities should
What Do You Think?
A major reason for the change in legislation has been the recognition of the interest of immigrants to
maintain a connection with their country of origin, while at the same time recognizing that attribution of the host State’s citizenship was also considered as an essential requirement for full integration. On the other hand, there is no general consensus on whether multiple citizenship is an adequate
tool for promoting integration or whether it may obstruct integration by facilitating the formation of
separate cultural and political interest groups that identify with their country of origin rather than
with the country of residence.
Integration and multiple citizenship is discussed in greater detail in Section 3.6, Integration of
Migrants.
Although multiple citizenship, in general, does not imply problems of conflicting loyalty, there may
be situations in which such conflicts, at least in the public perception, cannot be excluded. It is a
legitimate concern of States to require that such citizens surrender their other citizenship before
taking up high official functions in the government or in the public domain. As to civil service, experience with multiple citizenships does not indicate any need to exclude multiple citizenships from
lower levels of civil service.
Apply What You Have Learned
1
How is the citizenship of migrants determined in your State? Are there laws that
permit naturalization after meeting certain criteria? If so, what are the criteria?
How adequate are they?
17
Citizenship and Migrants
be attached only to the State of permanent residence.
Section 3.7
2
What is your State’s current policy regarding the granting of citizenship to
3
What are the issues surrounding the multiple citizenship of migrants in your
4
Should citizens of foreign States surrender their foreign citizenship before being
5
What impact might multiple citizenship have on the legislation that governs
migrants residing in the State for a long period of time?
State? What conflicts between laws are of concern?
permitted to work in the public domain? Give reasons to support your response.
procedures for integrating migrants in your setting?
18
Migration and Citizenship
Topic Four
Loss of Citizenship
The authority of States generally determines the loss and deprivation of citizenship, just as it determines the acquisition of citizenship. Loss and deprivation of citizenship affect existing rights, and
they are therefore subject to stricter limits as determined in international instruments.
Article 15 of the Universal Declaration of Human Rights provides that nobody may be arbitrarily
deprived of his or her nationality nor refused the right to change his or her nationality. From this, it
follows that there is a duty of States not to arbitrarily refuse voluntary renunciation of citizenship.
This State duty must, for instance, be taken into account when interpreting bilateral agreements that
John is a citizen of State A. John applies for, and obtains, naturalization in State B. John also voluntarily renounces his citizenship in A. A and B have a treaty allowing A to veto John’s naturalization into B. A and B also have
a duty not to arbitrarily refuse voluntary renunciation, nor to prevent John from exercising his right to change
citizenship.
If A chooses to exercise its right under the bilateral treaty and veto John’s naturalization into B, while being unable
to refuse his voluntary renunciation of citizenship in A, John could, unacceptably, become a stateless person.
Of greater practical significance is the prohibition of arbitrary loss of citizenship. Although international jurisprudence does not provide very clear rules as to the conditions under which expatriation
must be considered as arbitrary, it is recognized that discriminatory individual or collective expatriation constitutes a violation of international law.
19
Loss of Citizenship
provide for a right of States to veto their citizens’ naturalization into other States.
Section 3.7
Important Points
1
In most citizenship policies, provisions with respect to loss of citizenship apply only to citi-
zens by registration or naturalization. Exceptions often used to permit deprivation of citizenship
include:
•
•
voluntary acquisition of another citizenship
acquisition of citizenship by means of fraudulent conduct, false information, or concealment of any relevant fact attributable to the applicant
•
•
•
2
voluntary service in a foreign military force
conduct seriously prejudicial to the vital interests of the State
extended absence in a foreign country without notification.
With the exception of the special case of State succession, there is very little international guid-
ance on the limits of a particular State to deprive people with multiple citizenship of their citizenship
in that State.
The refusal to renounce one of two citizenships acquired ex lege on reaching the age of adulthood can be considered as a legitimate reason for expatriation, provided that such renunciation is legally accepted by the former
home State and that it does not face unacceptable difficulties.
What You Need To Know About...
State Succession and Citizenship
There are as yet no generally recognized rules on citizenship in case of State succession. The rules
contained in the European Convention on Nationality on State succession and nationality reflect experience and recommendations in Eastern Europe after the dissolution of the Soviet Union and may,
therefore, be considered an important element in the formation of future international law.
Article 18 of the European Convention on Nationality obliges States, in deciding on the granting or the
retention of nationality, to take into account:
•
•
the genuine and effective link of the person with the State
the habitual residence of the person concerned
20
Migration and Citizenship
•
the will of the person concerned, and the territorial origin of the person concerned.
Article 19 of the Convention provides for a duty to endeavour to regulate matters by agreement. In
such agreements, parties should respect the principle that citizens of a predecessor State habitually
resident in the territory of that sovereignty, when transferred to a successor State without having
acquired its citizenship, shall have the right to remain in the successor State and enjoy equal treatment with the citizens of the successor State regarding social and economic rights.
Similar principles are contained in the recommendation of principles on citizenship legislation concerning the
parties to the peace agreements on Bosnia and Herzegovina and the declaration on the consequences of State
Apply What You Have Learned
1
How are the provisions of Articles 18 and 19 of the European Convention on
Nationality for loss of citizenship similar or different than the criteria used in
your State?
2
How should a successor State treat the citizens of the former State?
3
How should arbitrary deprivation of citizenship be interpreted by the international community? How does your State approach this issue?
21
Loss of Citizenship
succession for the citizenship of natural persons adopted by the European Commission for Democracy.
Section 3.7
Concluding Remarks
States should encourage international agreements that facilitate management of multiple citizenship
and that allow them to effectively deal with the issues related to the exercise of multiple rights and
obligations. International law, migration policy, and citizenship legislation should reflect a balance
between the legitimate interests of individuals and the interests of States.
Resources
Aleinikoff T.A. and D. Klusmeyer (Eds)
2001
Citizenship Today: Global Perspectives and Practices, Carnegie Endowment for
International Peace, Washington DC.
Hailbronner, Kay; Renner, Günter,
2001
Staatsangehörigkeitsrecht, 3rd ed.
Hansen, Randall and Weil, Patrick,
2002
Dual Nationality, Social Rights and Federal Citizenship in the U.S and Europe, Berghahn
Kostakopoulou (Ed.),
2001
From Migrants to Citizens, Membership in a Changing World, Washington
Kostakopoulou
2001
Citizenship, Identity and Immigration in the European Union – Between Past and Future
Martin, David; Hailbronner, Kay,
2003
Rights and Duties of Dual Nationals, Evolution and Prospects, The Hague, London, New
York
Schuck, Peter,
1998
Citizens, Strangers and In-Betweens
22
Migration and Citizenship
International Treaties and other legal instruments on citizenship:
Council of Europe, First European Conference on Nationality, Trend and Developments in National and
International Law, Proceedings, Strasbourg, February 3, 2000
Council of Europe, Council of Europe Achievements in the Field of Law, Nationality, Strasbourg,
September 2000, DIR/JUR (2000), 3
Council of Europe, Challenges to national and international law at the beginning of the New Millennium,
Strasbourg 8 and 9 October 2001, Proceedings, Conf/Nat (2001) PRO, Strasbourg, Dec. 10, 2001
Convention on the Legal Status of Stateless Persons of September 28, 1954
Convention on the Nationality of Married Women of February 20, 1957 (UNTS vol. 209, p. 65)
Convention on the Reduction of Statelessness of August 30, 1961
Convention on the Reduction of Multiple Nationality and Military Obligations of Multiple Nationals of
May 6, 1963
2nd Protocol Amending the Convention on Reduction of Cases on Multiple Nationality and Military Obligations in Cases of Multiple Nationality of February 2, 1993
Declaration on the Consequences of State Succession for the Nationality of Natural Persons adopted by the
European Commission for Democracy through Law of 13.-14. September 1996
European Convention on Nationality of November 6, 1997
Except for the Convention on the Nationality of Married Women all of the foregoing are published
in: Council of Europe Achievements in the Field of Law, Nationality, Strasbourg, September (2000).
Universal Declaration of Human Rights, Adopted and proclaimed by UN General Assembly resolution 217 A (III), 10 December, 1948, Available at: http://www.un.org/Overview/rights.html
23
Section 3.7
Endnotes
1
See Section 3.6, Integration of Migrants, for a discussion of multiculturalism
2
See Section 2.3, Migration and Development, for a discussion of diaspora as a basis for multiple
citizenship.
24