Netherlands International Law Review (2018) 65:269–297
https://doi.org/10.1007/s40802-018-0117-6
ARTICLE
The Shifting Parameters of Nationality
Kristin Henrard1
Published online: 30 November 2018
© The Author(s) 2018
Abstract
This article has two interrelated aims. First, the article goes beyond law and places
the discussions on nationality in the broader literature on citizenship, also drawing
on social sciences, political theory and moral philosophy. The ensuing conceptual,
historical and multi-disciplinary account highlights the long pedigree of the idea of
citizenship, the manifold conceptions of citizenship that have developed over time
(including supra-national, sub-national and transnational citizenship). The article
demonstrates how the changing spatialities of citizenship culminated in a focus
on the nation-state, and the emergence of legal citizenship or nationality, reflecting the legal bond between an individual and a state. It was also noted that in several respects the parameters of nationality keep changing. More particularly, four
developments have been highlighted that circumscribe the sovereign right of states
to determine who are their nationals, both legally and through de facto pressures.
Secondly, this contribution provides the overarching framework for the special issue
while identifying the salient discussion points regarding nationality and international law that will be teased out in the articles of the special issue. The article ends
with a brief overview of the articles that make up the special issue.
Keywords (Legal and substantive) citizenship · Membership of polity · Nationstate · Shifting spatialities · Legal bond between state and individual · Statelessness ·
Dual nationality · Rights
1 Introduction
This introductory article to NILR’s special issue focused on nationality and international law has two interrelated aims. First, the article goes beyond law and places
the discussions on nationality in the broader literature on citizenship, also drawing
on social sciences, political theory and moral philosophy. The ensuing conceptual,
historical and multi-disciplinary account highlights the long pedigree of the idea of
* Kristin Henrard
Henrard@law.eur.nl
1
Erasmus School of Law, Erasmus University Rotterdam, Rotterdam, The Netherlands
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