Chapter 1. Introduction a state and an expression of membership of a state, which was the only way through which an individual could benefit from international law61, through diplomatic protection for instance. This has changed with the growth of the international human rights framework after World War II, through which individuals can now claim their rights and nationality being proclaimed as a human right.62 This implies that individuals should be able to claim the right to a nationality, but at the same time the question remains to which nationality an individual has a right. Also, states remain the important actors: they decide who is granted nationality and who is not. In determining who is a citizen, a one-sidedness still exists and the notion of reciprocity is not yet commonplace in this regard. It is no accident that nationality law has been called “the last bastion in the citadel of sovereignty”.63 As such, there is a clear dichotomy between the conception of nationality and a right thereto in (international) law. It was already noted that the lack of a nationality could have serious consequences for stateless people due to problems with accessing basic rights. Indeed, it has often been held that the right to a nationality is the right to have rights64 – nationality and the right thereto provide the gateway to the enjoyment of other (human) rights. This would seem to mean that having a nationality comes with a set of rights. There is no legal document at universal or European regional level that lists the rights that are associated with a status as a national. Nonetheless, Alice Edwards, drawing on international (human rights) norms, has indicated a number of rights that are generally connected to holding a nationality: – – – – “the right to leave one’s ‘own country’ and to re-enter and reside permanently in the territory of the state of one’s nationality; the right to consular assistance (…); the right to vote and participate in public life (…)65; rights to economic, social and cultural advancement.”66 These are rights that a state should provide to its citizens. Still, in the event that the state is unable or unwilling to take action and ensure these rights for its nationals, the legal status of citizen is not altered; one remains a national. Conversely, a citizen does not only have certain rights, (s)he also has duties, such as paying taxes, military service or another form of participation in the community. 61 62 63 64 65 66 L Oppenheim, International Law. A Treatise (Vol 1: Peace; Longmans, Green and Co. 1905) 344–346; WR Bisschop, ‘Nationality in International Law’ (1943) 37 American Journal of International Law 320, 321. Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR) Art 15. Peter Spiro, ‘A New International Law of Citizenship’ (2011) 105 The American Journal of International Law 694, 746. Eg Chief Justice Earl Warren in Trop v Dulles 356 US 86 (1958). Including the right to be elected. Alice Edwards, ‘The Meaning of Nationality in International Law in an Era of Human Rights: Procedural and Substantive Aspects’ in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press 2014) 40. Intersentia 19