Nationality and Cases of Statelessness in the Middle East and North Africa
Although every country’s nationality law is unique
in its details, the overall mechanics are largely
similar and all share certain common features.
Understanding the general system of nationality laws
therefore simplifies the process of reading, analysing
and comparing their content. First of all, it is helpful
to realise that the conferral – and withdrawal – of
nationality is based on the existence – or presumed
severing – of a link between the person and the
state. The two principal connections that underlie
nationality policy are familial (i.e. a family member
is already a national) and territorial (i.e. birth or longterm residence within the borders of the state). Criteria
based on different combinations and permutations
of these two links can be found in every nationality
law in the world. Secondly, many nationality laws also
include other criteria that are deemed to represent
“belonging”, including racial, cultural, religious or
linguistic conditions.98 A third common feature of
nationality laws are those stipulations that relate to
the desired quality or expected behaviour of the
state’s nationals. In other words, concepts such as
good behaviour, honesty, loyalty and allegiance
have made their way into both provisions relating to
acquisition of nationality (e.g. naturalisation criteria)
and those dealing with the withdrawal of nationality
98 - Note that some criteria of this nature may now be considered to violate
international standards of non-discrimination.
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