Jus soli (English: /
The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the most populous city is New York City. Most of the country is located contiguously in North America between Canada and Mexico.
Nationality is a legal relationship between an individual person and a state. Nationality affords the state jurisdiction over the person and affords the person the protection of the state. What these rights and duties are varies from state to state.
Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.
Jus soli was part of the English common law, in contrast to jus sanguinis , which derives from the Roman law that influenced the civil-law systems of continental Europe.Jus soli is the predominant rule in the Americas, but it is rare elsewhere. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants citizenship based on unconditional or near-unconditional jus soli.
In law, common law is that body of law derived from judicial decisions of courts and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants. Common law, as the body of law made by judges, stands in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired by the nationality of one or both parents. Children at birth may automatically be citizens of a particular state if either or both of their parents have citizenship of that state or 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.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman Emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.
Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of jus sanguinis (right of blood), in which citizenship is inherited through parents rather than birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants.
Jus soli in many cases helps prevent statelessness.Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to persons born in their territory who would otherwise become stateless persons. The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless persons are also refugees. However, not all refugees are stateless, and many persons who are stateless have never crossed an international border. On 13 November, 2018, United Nations High Commissioner for Refugees warned there are about 12 million stateless people in the world.
The Convention on the Reduction of Statelessness is a 1961 United Nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. The Convention was originally intended as a Protocol to the Convention Relating to the Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons was adopted to cover stateless persons who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees.
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification was deposited on 18 July 1978.
Lex soli is a law used in practice to regulate who and under what circumstances an individual can assert the right of jus soli. Most states provide a specific lex soli—in application of the respective jus soli—and it is the most common means of acquiring nationality. However, a frequent exception to lex soli is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question.
Antigua and Barbuda is a country in the West Indies in the Americas, lying between the Caribbean Sea and the Atlantic Ocean. It consists of two major islands, Antigua and Barbuda, and a number of smaller islands. The permanent population numbers about 95,900, with 97% being resident on Antigua. The capital and largest port and city is St. John's on Antigua, with Codrington being the largest town on Barbuda. Lying near each other, Antigua and Barbuda are in the middle of the Leeward Islands, part of the Lesser Antilles, roughly at 17°N of the equator.
Argentine nationality law has a dual system accepting Jus soli and Jus sanguinis.
Belize is an independent and sovereign country located on the north eastern coast of Central America. Belize is bordered on the northwest by Mexico, on the east by the Caribbean Sea, and on the south and west by Guatemala. It has an area of 22,970 square kilometres (8,867 sq mi) and a population of 387,879 (2017). Its mainland is about 180 mi (290 km) long and 68 mi (110 km) wide. It has the lowest population and population density in Central America. The country's population growth rate of 1.87% per year (2015) is the second highest in the region and one of the highest in the Western Hemisphere.
There is a trend in some countries toward restricting lex soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth.Modification of jus soli has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass and statelessness. Jus soli has been restricted in the following countries:
Some countries that formerly observed jus soli have moved to abolish it entirely, conferring citizenship on children born in the country only if at least one of the parents is a citizen of that country.
Naturalization is the legal act or process by which a non-citizen in 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 obeying and upholding that country's laws, taking and subscribing to the 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.
"Anchor baby" is a term used to refer to a child born to a non-citizen mother in a country that has birthright citizenship which will therefore help the mother and other family members gain legal residency. In the U.S., the term is generally used as a derogatory reference to the supposed role of the child, who automatically qualifies as an American citizen under jus soli and the rights guaranteed in the 14th Amendment. The term is also often used in the context of the debate over illegal immigration to the United States. A similar term, "passport baby", has been used in Canada for children born through so-called "maternity" or "birth tourism".
Nationality law is the law in each country and in each jurisdiction within each country which defines the rights and obligations of citizenship within the jurisdiction and the manner in which citizenship is acquired as well as how citizenship may be lost. A person who is not a citizen of the country is generally regarded as a foreigner, also referred to as an alien. A person who has no recognised nationality or citizenship is regarded as stateless.
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.
Irish nationality law is contained in the provisions of the Irish Nationality and Citizenship Acts 1956 to 2004 and in the relevant provisions of the Irish Constitution. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. The law grants citizenship to individuals born in Northern Ireland under the same conditions as those born in the Republic of Ireland.
German nationality law is the law governing the acquisition, transmission and loss of German citizenship. The law is based on a mixture of the principles of jus sanguinis and jus soli. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalisation is also possible for foreign nationals after six to eight years of legal residence in Germany.
French nationality law is historically based on the principles of jus soli, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.
Chinese nationality law regulates the acquisition, transmission, and loss of Chinese nationality. The law is based on the principle of jus sanguinis, meaning that individuals born to a Chinese national parent usually acquire Chinese nationality at birth.
The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.
Slovenian nationality law is based primarily on the principles of Jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.
Birth tourism is the practice of traveling to another country for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship. Such a child is sometimes derogatorily called an "anchor baby" if their citizenship is intended to help their parents obtain permanent residency in the country. Other reasons for birth tourism include access to public schooling, healthcare, sponsorship for the parents in the future, or even circumvention of China's two-child policy. Popular destinations include the United States and Canada. Another target for birth tourism is Hong Kong, where some mainland Chinese citizens travel to give birth to gain right of abode for their children.
The subject of birth aboard aircraft and ships is one with a long history in public international law. The law on the subject is complex, because various states apply differing principles of nationality, namely jus soli and jus sanguinis, to varying degrees and with varying qualifications.
Paraguayan nationality law is based on the principle of Jus soli. The nationality law is based on the Chapter 3 of the Paraguayan Constitution of 1992.
Luxembourgish nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.
The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.
Azerbaijani nationality law is a nationality law which determines who is a citizen of Azerbaijan.
Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.
Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are relevant for determining whether a person is an Albanian citizen. It is regulated by the "Law on Albanian Citizenship". In some circumstances citizenship is granted to children born in Albania to non-Albanian parents. This is not the case where parents are temporary or short-term visitors. As suggested by the UN and Council of Europe, all efforts are made in order to avoid statelessness.
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