Jelena Džankić
Macedonia have obtained the passport of neighbouring Bulgaria,43 whose ethnic citizenship policy
was a means for these individuals to access the rights of European Union (EU) citizenship. In 2022,
the Bulgarian government conditioned the opening of EU accession negotiations with the formal
recognition of ethnic Bulgarians as a constitutional minority in North Macedonia. The request was
supported by records on Bulgarian citizenship acquisitions by North Macedonian citizens. Hence
the large number of instrumental citizens became leveraged in claims made by foreign authorities
against their state of residence and original citizenship.
The second kind of repercussions that can arise from malleable citizenship acquisition rules
and practices happened in the Comoros mentioned by Neha Jain.44 In The Cosmopolites, Atossa
Abrahamian explains how this worked for the bidoons in the UAE and Kuwait.45 The legal basis for
the grant of citizenship by investment had already existed by means of the 2008 Comorian Economic
Citizenship Law. Once the government of the Comoros made arrangements with the governments of
the Gulf states, bidoons were enticed to apply for the Comorian passports with a promise that it would
be the first step towards acquiring the nationality of the states where they lived. UAE government
officials used examples of influential bidoons to promote their “externalization of nationality”, while
posing increasing hurdles for the bidoon population in their everyday lives (e.g., for registering a car).
As a result, many opted to apply for the Comorian passport and become vulnerable and precarious
in their homeland.
In all of these cases, strategic choices by individuals have had adverse consequences. Yet
weaponisation of such choices happened only when states “cashed in on” individual decisions on
nationality acquisition in a different state. This is at the heart of the second problem with the idea
of an international law that would regulate nationality acquisition: how to strike a balance between
respecting individual choices and preventing misuse of such choices by states. If this cannot
be achieved, it might prove more harmful for already vulnerable individuals than the absence of
regulation.
Would it make a difference?
The final concern related to an international law that would regulate the misuse of citizenship
acquisition and attribution is ostensibly a practical one: what form would it take? Nonetheless,
even such a simple question raises crucial concerns related to the functioning of the international
state system and challenges the substance of norms associated with our understanding of free
contemporary societies.
First, it is unlikely that the international law regulating the acquisition of nationality would entail
any restriction on multiple status. Since the 1960s, dual nationality diffusion became associated
with liberal democracies, where increased mobility patterns have substantively altered the meaning
of “national” identity.46 This is not as much the case in countries and societies contested by or
contesting other state and nation building projects: there, dual citizenship is restricted or promoted
for a completely different purpose.47 Openness toward dual nationality is often not a mechanism of
inclusion; rather, it is often deployed as a tool for achieving geostrategic objectives. Yet restricting
a “liberal” norm because it can be misused questions the system of values that has led to the
acceptance of such norm.
Second, it is also questionable to what extent the misuse of nationality acquisition can be regulated
through human rights law. Norms for the protection against statelessness, as well as those aimed at
43 Nikolov K. (2022), ‘Progress in Sofia’s talks with Skopje despite census debate’, EURACTIV, 1 April 2022, Progress in Sofia’s talks
with Skopje despite census debate – EURACTIV.com.
44 Jain 2022.
45 Abrahamanian A. (2015), The Cosmopolites: The Coming of the Global Citizen, Columbia Global Reports.
46 Vink M. et. al. (2019), ‘The international diffusion of expatriate dual citizenship’, Migration Studies 7(3),362–383
47 Džankic J. (2016), Citizenship in Bosnia and Herzegovina, Macedonia and Montenegro: Effects of Statehood and Identity Challenges,
Taylor and Francis.
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Robert Schuman Centre for Advanced Studies