– to foundlings found in the territory of a Contracting State;
– at birth, by operation of law, to a person born elsewhere if the nationality
of one of the parents at the time of birth was that of the Contracting State;
– upon application, as prescribed by national law, to a person born elsewhere
if the nationality of one of the parents at the time of the birth was that of
the Contracting State (the application may be subject to one or more of the
following: a fixed period in which the application may be lodged, specific
residency requirements, no conviction of an offence against national security,
and/or that the person has always been stateless).
•
Most States combine principles of jus soli and jus sanguinis in their citizenship
legislation for determining the State’s initial body of citizens and how citizenship
is granted at birth. Those States that do not accept dual citizenship should
ensure that, by a certain age, an individual or the individual’s parents have
the option to choose one nationality.
Conflict of laws linked to renunciation
Some States have nationality laws that allow individuals to renounce their nationality
without having first acquired, or been guaranteed the acquisition of, another nationality.
This often results in statelessness. Conflicts of law on this issue may arise when one
State will not allow renunciation of nationality until the individual has first acquired another
nationality, while the other State involved will not grant its nationality until the individual
has first renounced his/her original nationality. Sometimes an individual may be required
to renounce an assumed citizenship elsewhere before he/she can apply for citizenship
where he/she resides, thus rendering the individual stateless until the new citizenship
is granted.
To avoid this problem:
•
According to the 1961 Conventions, loss or renunciation of nationality should
be conditional upon the prior possession or assurance of acquiring another
nationality. An exception may be made in the case of naturalized persons who,
despite notification of formalities and time-limits, reside abroad for a fixed number
of years and fail to express an intention to retain nationality. A naturalized person,
in this instance, is a person who has acquired nationality upon applying to the
Contracting State concerned, and that Contracting State could have refused
the application. Loss of nationality may only take place in accordance with
law and accompanied by full procedural guarantees, such as the right to a
fair hearing by a court or other independent body.
•
Citizenship legislation should provide that no citizen can renounce his/her
citizenship without acquiring another citizenship or receiving formal and written
assurances by the relevant authorities that he/she will acquire another citizenship.
•
Some States have introduced provisions that allow for the re-acquisition of
nationality if individuals lose or do not acquire another citizenship.
•
For States that do not accept dual or multiple nationalities, citizenship legislation
must ensure that the requirement to renounce or lose another nationality as
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