2025
Statelessness & Citizenship Review
7(2)
protection.46 This test considers factors like habitual residence, time spent in each
country of nationality, family ties, and employment, emphasising the actual and
effective connection between individuals and their state of nationality. 47 As
international law evolves, the relaxation of the genuine link requirement does not
eliminate scrutiny of an individual’s nationality. Instead, as observed in this article,
the test now turns to determine the primary link between individuals and the
specific state in cases involving multiple nationalities. Both the genuine link test
and the predominant nationality test include similar evaluations such as social
connections to the country. Therefore, examining the genuine link between states
and individuals is the essential standard for predominant nationality, even though
the focus of the test has shifted. In other words, the genuine link test declines to
recognise the nationality if lacking genuine connection(s), 48 while the
predominant nationality test allows the individual to hold multiple nationalities
while determining which of these nationalities is dominant. In addition, the
evolvement shows that even in a period where holding multiple nationality is
becoming much more common in a globalising world, the evaluation of genuine
links between an individual and the state has not expired but continues to serve as
critical criteria for citizenship recognition.
The genuine link and predominant nationality tests may offer insight on the
predicament of Taiwanese citizenship being interpreted as Chinese or PRC
citizenship. As such tests determine the international community’s recognition of
a person’s nationality by focusing on the connections between the state and the
individual, they highlight the core of nationality. Therefore, by examining these
connections, one can gauge not only the contents and practices of nationality but
also the real ties between individuals and states. The predominant nationality test
does not aim to deny any of the multiple nationalities a person may hold, but it
does not address cases where nationality has been forcibly imposed. Consequently,
the case of Taiwanese people holding ROC nationality but having PRC nationality
conferred upon them en masse — and without their consent — may extend the
discussion of both the predominant nationality test or the genuine link test to
encompass nationality imposed by the PRC, and potentially by other states
adopting a similar approach.
With Taiwan’s limited international recognition, many states view Taiwanese
people as Chinese citizens, even though their real and effective links exist with the
46
47
48
Draft Articles (n 43) art 7.
Francisco Orrego Vicuña, ‘The Changing Law of Nationality of Claims’ (Interim Report,
International Law Association, Report of the 69th Conference, 2000) 646[11], cited in Draft
Articles on Diplomatic Protection with commentaries (n 44) 43; Draft Articles on Diplomatic
Protection with commentaries (n 44) 26 [5].
There are concerns about whether such an approach may lead to statelessness, especially in
the migratory context. However, scholars also argue that the genuine link principle may help
resolve issues of statelessness in situ, where individuals lack legal status but have strong social
connections. See Caia Vlieks, ‘Contexts of Statelessness’ in Tendayi Bloom, Katherine
Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017).
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