Ius Doni

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Ius doni, commonly referred to as citizenship by investment [1] or economic citizenship, is one of the avenues of citizenship acquisition, alongside ius sanguinis , ius soli and others. It refers to the acquisition of the status of citizenship through an exceptional (economic) contribution to the issuing country, and, by extension, a contribution to the welfare, advancement and economic development of the host state. [2] [3] Ius doni is thus a specific sub-type of naturalization.

Contents

The term ius doni was introduced by immigration and citizenship law specialist Christian Kälin, [4] pioneer of the citizenship by investment industry, in his research on the topic. Kälin introduced the concept into the contemporary legal and political theory of citizenship by providing the first comprehensive analysis of the subject, [5] discussing the historical, legal and political concepts of citizenship.

Etymology

The term derives from the Latin expression for a gift or present (dōnum/gen. dōnī) and the right (ius/pl. iura) to citizenship by making a donation or investing in the host state.

Background

It has been widely accepted that the historical origins of citizenship date back to Ancient Greece, but citizenship and citizenship law, as we understand them today, came into existence along with the formation of modern nation-states in the 18th and 19th centuries. Ius doni, as a specific mode of citizenship acquisition, is a result of social transformation. The gradual development of citizenship from a more formal structure to a subjective right was precipitated by the French Revolution. [6] [7] [8] This transition from the birthright principle ( ius soli ) to the principle of descent ( ius sanguinis ) represented a significant paradigm shift brought about by the Code Civil in 1804. [9] [10] This transition ultimately extended to all of Europe.

Australia, Canada, the US, and even the UK to some extent, are all examples of countries that have traditionally relied on citizenship laws that follow the ius soli principle. [11] Today they have become known as classical immigration countries. This shift was engendered by the realization that communities can be strengthened by further developing national citizenship laws to benefit both the social and the economic state of a nation.

Ius doni is becoming increasingly popular around the world. The design of new citizenship laws governing states such as Austria, [12] Malta, [13] St. Kitts and Nevis, [14] and Cyprus, [15] for example, illustrates the possibility of acquiring additional citizenship by making significant contributions to the local community and, in so doing, contributing to the welfare of the country. [16] [17]

The IMF has come to the same conclusion in several reports, stating that Citizenship by Investment programmes, if managed properly, can become a major socio-economic contributor to developing states. [18] [19]

Ius doni and the State

Citizenship is a complex institution with various dimensions. [20] Its conception and definition depend on one's political viewpoint, which can be defined as the legal counterpart of the sociopolitical concept of nationality. [21] From a legal perspective, citizenship is mainly a classification criterion: it classifies natural persons as belonging to a particular state, generating a legal bond, and gives individuals civil, political and social rights. [22] In principle, every state has the right to exclude whomever it wishes from entering and settling in its territory; [23] likewise, every state has the right to regulate its naturalization laws in accordance with the common good and to include whomever it wishes to admit as citizens. [24] Ius doni, which could be viewed as the granting of citizenship for the common good, is thus an expression of the individual state’s freedom to select and choose suitable individuals and families who would contribute to its economy and society.

Related Research Articles

Citizenship Denotes the link between a person and a state or an association of states

Citizenship is the status of a person recognized under the custom or law of a sovereign state or local jurisdiction as a member of or belonging to the state. Each state is free to determine the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens.

Naturalization

Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws, taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, most countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

<i>Jus soli</i> Birthright of anyone born in the territory of a state to nationality or citizenship

Jus soli, commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.

Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli, which is solely based on the place of birth.

United States v. Wong Kim Ark, 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the rights and obligations of citizenship within the jurisdiction as well as he manner in which citizenship is acquired and how it may be lost. A person who is in a country in which they are not a citizen of is generally regarded by that country as a foreigner, or alien. A person who has no recognised nationality or citizenship to any jurisdiction is regarded as stateless.

Italian nationality law

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

French nationality law

French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

Portuguese nationality law

Portuguese nationality law is the legal set of rules that regulate access to Portuguese citizenship, which is acquired mainly through descent from a Portuguese parent, naturalisation in Portugal or marriage to a Portuguese citizen.

Maltese nationality law

Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.

The Cypriot Nationality Laws dates back to 1967. It is mainly based on jus sanguinis.

Sahrawi nationality law

Sahrawi nationality law is the law of the Sahrawi Arab Democratic Republic (SADR) governing nationality and citizenship. SADR is a partially recognized state which claims sovereignty over the entire territory of Western Sahara, but only administers part of that territory.

Azerbaijani nationality law

Azerbaijani nationality law is a nationality law which determines who is a citizen of Azerbaijan.

Algerian nationality law

The Algerian nationality law was first enacted in March 1963 after Algeria had achieved independence from France in July 1962.

Immigrant investor programs are programs designed to attract foreign capital and businesspeople by providing the right of residence and citizenship in return. These are also known as citizenship by investment, golden visa, or golden passport programs.

Multiple citizenship, dual citizenship, multiple nationality or dual nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Economic citizenship can be used to represent both the economic contributions requisite to become a citizen as well as the role in which one's economic standing can influence his or her rights as a citizen. The relationship between economic participation and citizenship can be considered a contributing factor to increasing inequalities and unequal representation of different socioeconomic classes within a country.

Henley & Partners is a global citizenship and residence advisory firm based in London. The company is the world's largest investment migration consultancy and advises governments on residence and citizenship-by-investment policy and works with them to develop and implement residence and citizenship programs. It also consults on general immigration law and policy as well as visa policy and the negotiation of associated treaties. The company's Residence and Citizenship Practice Group advises individuals and their advisors such as law firms, banks, and family offices on alternative residence and citizenship.

Christian Kälin

Christian H. Kälin is a Swiss lawyer, legal scholar, author, editor, entrepreneur, humanitarian, and the chairman of Henley & Partners and is known as "Mr Citizenship" or "The Passport King".

Citizenship of South Korea

Citizenship of South Korea is granted to qualifying individuals under the South Korean Nationality Act and its fifteen amendments. Citizenship status reflects the rights, duties, and identity of individuals in relation to the South Korean state.

References

  1. ↑ Kälin, Christian H. (2016). Global Residence and Citizenship Handbook. Ideos. pp. 147–148.
  2. ↑ Kälin, Christian H. (2016). Global Residence and Citizenship Handbook. Ideos Publications Ltd. pp. 147–148.
  3. ↑ Shachar, Ayelet; Bauböck, Rainer (2014). 'Should Citizenship Be for Sale?' EUI Working Paper (PDF). European University Institute: Robert Schuman Centre for Advanced Studies.
  4. ↑ "Investment Migration Council". investmentmigration.org. Retrieved 23 August 2017.
  5. ↑ Kälin, Christian H. (2016). Ius Doni: The Acquisition of Citizenship by Investment. Ideos. ISBN   9780993586637.
  6. ↑ Brubaker, William Rogers (1989). "The French Revolution and the Invention of Citizenship" (PDF). French Politics and Society. 7 (3): 30–49.
  7. ↑ Noiriel, Gérard (1988). Le Creuset français. Histoire de l'immigration (XIXe-XXe siècle) (in French). Le Seuil. ISBN   9782021322286.
  8. ↑ Weil, Patrick (2002). Qu'est-ce qu'un français? Histoire de la nationalité française depuis la Révolution (in French). Grasset. ISBN   9782246605799.
  9. ↑ Triepel, Heinrich (1929). Internationale Regelung der Staatsangehörigkeit (PDF). ZaöRV. pp. 185–199.
  10. ↑ Bertossi, Christophe; Hajjat, Abdellali (2013). Country Report: France (PDF). Robert Schuman Centre for Advanced Studies: EUDO Citizenship Observatory.
  11. ↑ Castles, Stephen; Davidson, Alastair (2000). Citizenship and Migration: Globalization and the Politics of Belonging. Palgrave. ISBN   9780415927130.
  12. ↑ "Citizenship in Austria". www.henleyglobal.com. Retrieved 23 August 2017.
  13. ↑ "Malta Individual Investment Programme". iip.gov.mt. Retrieved 23 August 2017.
  14. ↑ "St. Kitts & Nevis Citizenship by Investment Program". www.ciu.gov.kn. Retrieved 23 August 2017.
  15. ↑ "Web Portal of the Republic of Cyprus: Naturalisation". www.cyprus.gov.cy (in Greek). Retrieved 23 August 2017.
  16. ↑ Kälin, Christian H. (2016). Ius Doni: The Acquisition of Citizenship by Investment. Ideos. ISBN   9780993586637.
  17. ↑ Xu, Xin; El-Ashram, Ahmed; Gold, Judith (2015). Too Much of a Good Thing? Prudent Management of Inflows under Economic Citizenship Programs. IMF Working Papers: International Monetary Fund.
  18. ↑ "IMF Credits CIP for Positive Economic Performance of OECS Countries with the Programme, Local And Regional Authorities React". www.oecs.com. Retrieved 25 February 2020.
  19. ↑ "Eastern Caribbean Currency Union: IMF Staff Concluding Statement of the 2019 Discussion on Common Policies of Member Countries". www.imf.org. Retrieved 27 February 2020.
  20. ↑ Joppke, Christian (2013). Citizenship and Immigration. Polity Press. ISBN   9780745658391.
  21. ↑ Mackert, Jürgen; Müller, Hans-Peter (2007). Moderne (Staats)Bürgerschaft: Nationale Staatsbürgerschaft und die Debatten der Citizenship Studies (in German). VS Verlag für Sozialwissenschaften. ISBN   9783531147956.
  22. ↑ Kälin, Christian H. (2016). Ius Doni: The Acquisition of Citizenship by Investment. Ideos. ISBN   9780993586637.
  23. ↑ Kälin, Christian H. (2016). Ius Doni: The Acquisition of Citizenship by Investment. Ideos. ISBN   9780993586637.
  24. ↑ Pickus, Noah M. J. (1998). Immigration and Citizenship in the Twenty-first Century. Rowman & Littlefield. pp. 3–39. ISBN   9780847692217.
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