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government of the Philippines would recognise them as citizens, and notwithstanding the inability of Aisyah and her brothers to attend Malaysian government school, the important point in their case is that they do not want to be
Filipino citizens, since they feel they belong in Malaysia.52
Is the fact that Aisyah has no sense of any connection to the Philippines, even
though she may be entitled to its nationality, sufficient to count as a valid reason for
not applying for Filipino nationality? Given that the current constitution of international order grants state’s wide discretion concerning who to admit to citizenship,
the immediate political stakes of this question are high.
As the preceding discussion of citizenship deprivation established, a norm of state
discretion subject to merely to constraint against statelessness is not a legitimate
basis for international order. Rather the legitimacy of this political order requires
that it acknowledges ius nexi as a basic constitutional principle and, hence, a human
right to naturalize under conditions where a person has a genuine link to a state.
This follows directly from the point made in the preceding section: ‘individuals are
subject to arbitrary political domination if they have genuine links to the political
community but remain involuntarily excluded from citizenship’.53 It is particularly
important here to note that the forging of such links is not dependent on one’s formal migration status, rather, as Joseph Carens has long argued, a sufficient period of
residential presence is sufficient for social membership, that is, the establishment of
a genuine link.54 In this respect, the egalitarian pressures to expand the concept of
de facto statelessness are a political artefact of the absence of a human right to naturalize; one that is given urgency by general vulnerability to public and private forms
of domination to which migrants, especially irregular migrants, are exposed.
5 Conclusion: International Political Order and the Right to have
Nationality Rights
In addressing the right to a nationality, the right not to be arbitrarily deprived of
one’s nationality, the right to change one’s nationality and the right to naturalize, the
preceding discussion has drawn attention to both the centrality of the right to have
nationality rights to equal membership in global political society and to the incompatibility of the right to have nationality rights with an international order structured
in terms of a Westphalian view of state sovereignty. It should be noted though that
this claim is not in any incompatible with the idea of an international order composed of self-ruling states; on the contrary, I want to conclude by showing that the
right to have rights—of which, in any order of plural autonomous polities, the right
to nationality rights is a (and plausibly the) fundamental part—is consonant with an
international order of states. To do so, I avail myself of a recent position in global
52
Allerton (2014), p. 32.
Bauböck and Paskalev (2015), p. 67.
54
For the most recent statement of this view, see Carens (2013).
53
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