Theorising Return Migration
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Sino-British Agreement and Nationality: Hong Kong's Future in the Hands of the People's Republic of China
UCLA UCLA Pacific Basin Law Journal Title The Sino-British Agreement and Nationality: Hong Kong's Future in the Hands of the People's Republic of China Permalink https://escholarship.org/uc/item/9j3546s0 Journal UCLA Pacific Basin Law Journal, 8(1) Author Chua, Christine Publication Date 1990 DOI 10.5070/P881021965 Peer reviewed eScholarship.org Powered by the California Digital Library University of California THE SINO-BRITISH AGREEMENT AND NATIONALITY: HONG KONG'S FUTURE IN THE HANDS OF THE PEOPLE'S REPUBLIC OF CHINA Christine Chua* I. INTRODUCTION On July 1, 1997, the United Kingdom will officially relinquish its sovereignty over Hong Kong' to the People's Republic of China (PRC). The terms for the transfer of governmental control are set forth in the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Govern- ment of the People's Republic of China on the Question of Hong Kong (hereinafter, "Joint Declaration"), which was signed by rep- resentatives for both governments on December 19, 1984. The terms likewise appear in the Memoranda exchanged by the United 2 Kingdom and PRC governments on the signing date. Set forth in the Joint Declaration is the PRC's intent to estab- lish the Hong Kong Special Administrative Region (SAR). 3 Rules for implementing the separate government of the Hong Kong SAR are also enumerated. 4 The creation of the Hong Kong SAR is au- thorized by a provision in the PRC Constitution' originally in- * J.D., 1989, UCLA School of Law; B.A., 1985, Cornell University. -
The Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia
NYLS Journal of International and Comparative Law Volume 5 Article 6 Number 2 Volume 5, Numbers 2 & 3, 1984 1984 The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia Tung-Pi Chen Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Chen, Tung-Pi (1984) "The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia," NYLS Journal of International and Comparative Law: Vol. 5 : No. 2 , Article 6. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol5/iss2/6 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA TUNG-PI CHEN* INTRODUCTION After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the "Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized. -
Get a Passport—9 Countries That Offer Citizenship Through Ancestry
Got A Grandparent? Get A Passport—9 Countries That Offer Citizenship Through Ancestry Published by Live and Invest Overseas™ Calle Dr. Alberto Navarro, El Cangrejo, Casa #45, Panama City, Panama Publisher: Kathleen Peddicord Copyright © 2021 Live and Invest Overseas™. All rights reserved. No part of this report may be reproduced by any means without the express written consent of the publisher. The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. www.liveandinvestoverseas.com™ Table Of Contents P. 4 Greece P. 4 Hungary P. 5 Ireland P. 5 Italy P. 6 Israel P. 6 Poland P. 7 Portugal P. 8 Spain P. 8 U.K. P. 8 Other Countries With Jus Sanguinis Rights Got A Grandparent? Get A Passport —9 Countries That Offer Citizenship Through Ancestry The blood flowing in your veins, in other words, your Hungary family ancestry, is just as valid in the eyes of many nations regarding citizenship as the act of being born “The Republic of Hungary bears a sense of in those countries. In Latin this is known as “right of responsibility for the fate of Hungarians living outside blood,” jus sanguinis. its borders and shall promote and foster their relations with Hungary.” Based on the laws of nationality by the following countries, you are eligible for citizenship regardless So says the country’s Constitution. of where you were born by virtue of your father, your mother, or both… and, in some cases, generations much further back than that, being In keeping with this mandate, in 2011 the Hungarian citizens of that country. -
Weaponizing Nationality: an Analysis of Russia's Passport Policy in Georgia
NATOLI ‐ POST MACRO (DO NOT DELETE) 1/13/2011 7:23 PM WEAPONIZING NATIONALITY: AN ANALYSIS OF RUSSIA’S PASSPORT POLICY IN GEORGIA KRISTOPHER NATOLI* I. INTRODUCTION ......................................................................................................................... 394 II. THE SHARED HISTORY OF RUSSIA, GEORGIA, & SOUTH OSSETIA.................................... 397 III. THE LAW CONCERNING THE REGULATION OF NATIONALITY ........................................... 399 A. 19th Century Developments ................................................................................... 400 B. 20th Century Developments ................................................................................... 404 C Nottebohm’s Genuine Link Doctrine ........................................................................ 408 IV. CONSIDERATION OF STATE SUCCESSION .............................................................................. 411 V. VIEWS ON CONFERRING NATIONALITY EXTRATERRITORIALLY ....................................... 413 VI. RUSSIA’S PASSPORT POLICY AND INTERNATIONAL NATIONALITY LAW ........................ 415 VII.THE ABUSE OF RIGHTS DOCTRINE & RUSSIA’S PASSPORT POLICY ................................. 418 A. The Abuse of Rights Doctrine ................................................................................ 418 B. Russia’s Passport Policy as an Abuse of Rights ............................................... 419 VIII.CONCLUSION ........................................................................................................................... -
Despite Worthy Reforms, Saudi Women Are Still Second-Class
III. Commentary ship rights. A Saudi culture of misogyny based on a hardcore reading of Islam fused with a harsh capitalist economy has exploited women for de- cades if not centuries. However, some recent de- velopments—like allowing women to drive start- ing June 2018—are empowering women in the kingdom. Yet these recent reforms still do not go far enough to free Saudi women from their sec- ond-class citizenship status. Saudi citizenship, in context Like many other Gulf countries, Saudi Arabia embraced modernity very recently. The country was established in 1932 by King Abdulaziz bin Saud, who unified the kingdom under his fami- ly’s name. Ibn Saud established a national iden- tity by gathering and assembling the tribesmen under a conservative view of Islam. The concept of “citizen” developed under Ibn Saud adopted the jus sanguinis model, which incorrectly interpret- ed a Quranic text (al-Ahzab 33:5) that nationality is strictly patrilineal. Jus sanguinis is a patriar- Despite Worthy Reforms, chal system compared to the more equitable jus Saudi Women are Still soli, which confers citizenship by place of birth rather than by blood. Saudi Arabia, along with 15 Second-class Citizens other Arab states still maintain the jus sanguinis system today. by Hatoon Al Fassi It was not until the 1970s that Saudi women be- Saudi progress toward gender came more educated and began to call for their equality is tangible but fails to rights. Because the religious understanding of genealogical affiliation in Saudi Arabia is patri- address the root causes lineal, the notion of citizenship became a religious domain—and recognized the male citizen only. -
What Is Dual Citizenship?, P.4 What Is the Oath of Allegiance?, P.4
1 Primer on Philippine Dual Citizenship Act (Republic Act No. 9225) 2018 Edition 2 Message he Philippines has come a long way in strengthening Tand renewing its ties with the Filipino diaspora through various policies, programs and services. In 1973, the Balikbayan program was launched by the Philippine government to give recognition to Filipinos coming back home. This was followed by progressive steps to restore and promote the rights of former Filipino citizens and Filipinos who live or work overseas. Three decades after the Balikbayan program was launched, Republic Act 9225 or the “Citizenship Retention and Re-acquisition Act of 2003” was passed, paving the way for the restoration of the rights of many of our nationals abroad. Prior to the passage of the law, natural born Filipino citizens who lost their Filipino citizenship through naturalization are not able to retain or re-acquire it. As one of the proponents of the law, the Commission on Filipinos Overseas (CFO) is proud to present the fourth edition of the Primer on RA 9225. The primer contains essential information about the law. It also answers most of the questions asked frequently by Filipinos overseas. Situational examples are included to help in understanding the concepts. In addition, relevant laws and important documents concerning the dual citizenship law are also included at the end of this primer. Since the implementation of the law, more than 150,000 have applied with the Bureau of Immigration (BI) to re-acquire their Filipino citizenship. Majority of them are Filipino-Americans. This primer is developed to serve as an easy and practical guide and reference about the dual citizenship law for the general public, especially for those who want to retain or re-acquire their Filipino citizenship. -
Stateless Individuals
Human Rights Council Márton Levente Sipos and Tessel Hopmans Research Report The Question of: Stateless individuals Research Report Leiden Model United Nations 2018 ~ fresh ideas, new solutions ~ Introduction Nowadays approximately 10 million people around the world are lacking/have been denied a nationality, resulting in them not being able to exercise their basic human rights, like attending schools, seeing a doctor or working. Stateless people lack the right to get married or to travel freely (sometimes even within the country). They are living in constant fear and they face enormous barriers throughout their lives, only because they became the victims of bureaucracy. Often governments use statelessness as a tool to deal with certain ethnic or religious groups. If these ethnic groups lack legal nationality, then they are practically trapped in the region where they are in constant danger. A great example would be the migrants of Burkinabé (approx. 700 000 people) descent in Cote d'Ivoire, who did not get Ivorian nationality after the country’s independence from France in 1960. We must not forget that stateless individuals are people as well, especially if we consider the very much existent workforce vacuum present. Without properly addressing this issue the number of people without a nationality will continue to grow and it will become gradually harder to find a solution. The Committee The United Nations Human Rights Council (UNHCR for short) is a United Nations body to promote and protect human rights around the world. The committee has 47 members elected for 3-year terms. The headquarters are not in New York, but in Geneva, Switzerland. -
Dual Nationality in Germany, Changing European Norms and International Relations
Dual Nationality in Germany, Changing European Norms and International Relations Rey Koslowski Political Science Department University of Pennsylvania (215) 898-6624 [email protected] Prepared for the Fourth Biennial International Conference of the European Community Studies Association May 11-14, 1995 Hawthorne Suites Hotel Charleston, South Carolina (First draft: Please do not quote without permission of the author. Comments welcome) Dual Nationality in Germany, Changing European Norms and International Relations Rey Koslowski Abstract: A contradiction exists between dual nationality as a practical solution to domestic political problems and international norms against dual nationality as practical solutions to international problems. A political movement has grown in Germany which advocates allowing dual nationality so as to facilitate the naturalization and political incorporation of Germany's migrant population. The proliferation of dual nationality, however, raises the potential for conflict of nationality laws among states that had been (at least partially) resolved through the acceptance of a set of international legal norms against dual nationality. This paper examines this conflict through a review of the politics of dual nationality in Germany, assesses the potential for dual nationality becoming a new European norm, and explores the broader theoretical implications of such a new norm for international relations. Introduction Recent advocacy of allowing dual nationality in European states, particularly the political movement for dual nationality in Germany, opens old debates among states that had been (at least partially) resolved through the acceptance of a set of international legal norms against dual nationality. The Council of Europe’s “Convention on the Reduction of Cases of Multiple Nationality” (Council of Europe 1963) is part of the body of international law whose purpose is to minimize conflicts of laws among states arising from differing nationality laws. -
Nationality and Statelessness: a Handbook for Parliamentarians
Handbook for Parliamentarians n° 11 - 2005 UNHCR A Handbook for Parliamentarians Nationality and Statelessness: Nationality and Statelessness: A Handbook for Parliamentarians “Citizenship is man’s basic right for it is nothing less than the right to have rights” Chief Justice Earl Warren (USA 1958). IPU INTER-PARLIAMENTARY INTER-PARLIAMENTARY UNION UNION Nationality and Statelessness A Handbook for Parliamentarians Acknowledgements This handbook was prepared with the cooperation of the Bureau of the Inter- Parliamentary Union’s Standing Committee on Democracy and Human Rights. Research and analysis: Carol Batchelor and Philippe Leclerc (UNHCR) Writer: Ms. Marilyn Achiron Editorial Board: UNHCR: Erika Feller, Philippe Leclerc, José Riera and Sara Baschetti IPU: Anders B. Johnsson and Kareen Jabre Original version: English Cover design by Jacques Wandfluh, Studio Infographie, Switzerland Printed in Switzerland by Presses Centrales de Lausanne 2 Foreword “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” With those succinct statements, Article 15 of the 1948 Universal Declaration of Human Rights confers upon every individual, everywhere in the world, the right to have a legal connection with a State. Citizenship or nationality (the two terms are used interchangeably in this hanbook, just as they usually are in international law) not only provides people with a sense of identity, it entitles individuals to the protection of a State and to many civil and political rights. Indeed, citizenship has been described as “the right to have rights.” Despite the body of international law relating to the acquisition, loss, or denial of citizenship, millions of people around the world have no nationality. -
'Unmaking Americans. Insecure Citizenship in the United States'
UNMAKING AMERICANS INSECURE CITIZENSHIP IN THE UNITED STATES INSECURE CITIZENSHIP IN THE UNITED STATEs 1 ACKNOWLEDGMENTS The lead author of this report is Laura Bingham, senior managing legal officer of the Open Society Justice Initiative. The report was co-authored by Natasha Arnpriester, a Justice Initiative Aryeh Neier Fellow, without whose outstanding contributions, including extensive research and data analysis on denaturalizations, the report would not have been possible. The report was edited by David Berry and James A. Goldston. Many others have contributed to the report from within and outside the organization. Special thanks to the many colleagues from the Open Society Foundations who have guided the development and drafting of the report, in particular: Brooke Havlik, Angela Kelley, Wendy Patten, Maggie Soladay, Betsy Apple, Erika Dailey, Robert O. Varenik, Michèle Eken, and Laura Lázaro Cabrera. Deepest thanks to all those who dedicated their time and shared their personal histories and professional experience in order to inform the report, with the hope that it does justice to their contributions. We are likewise grateful for the pro bono research assistance provided by attorneys from a number of law firms including White & Case, LLP, Akin Gump Strauss Hauer & Feld LLP, and Davis Wright Tremaine LLP. For more information contact: Laura Bingham Senior Managing Legal Officer Open Society Justice Initiative [email protected] 2 UNMAKING AMERICANS © 2019 Open Society Foundations This publication is available as a PDF on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. -
Problematizing the Conventions on Statelessness UNU-GCM Policy Report 02/01
UNU-GCM Problematizing Policy the Conventions Report on Statelessness 02/01 UNU-GCM Institute on Globalization, Culture and Mobility Tendayi Bloom Problematizing the Conventions on Statelessness ! This is a report of the United Nations University Institute on Globalization, Culture and Mobility. It forms part of the series, Migration, Media and Intercultural Dialogue. It should be cited as: Bloom, Tendayi. Problematizing the Conventions on Statelessness. Policy Report No. 02/01. Barcelona: United Nations University Institute on Globalization, Culture and Mobility (UNU-GCM), 2013. The United Nations University (UNU) is the academic arm of the United Nations (UN). It bridges the academic world and the UN system. Its goal is to develop sustainable solutions for current and future problems of humankind in all aspects of life. Through a problem-oriented and interdisciplinary approach it aims at applied research and education on a global scale. UNU was founded in 1973 and is an autonomous organ of the UN General Assembly. The University comprises a headquarters in Tokyo, Japan, and more than a dozen Institutes and Programmes worldwide. The UNU Institute on Globalization, Culture and Mobility (GCM) focuses on globalization, culture and mobility through the lens of migration and media. It engages in rigorous research in these areas, sharing knowledge and good practice with a broad range of groups, collectives and actors within and beyond the academy. Its commitments are at local and global levels, whereby it seeks to bridge gaps in discourses and practices, so as to work towards the goals of the United Nations with regard to development, global partnership, sustainability and justice. -
Dual Citizenship in an Age of Mobility
Dual Citizenship in an Age of Mobility Thomas Faist Jürgen Gerdes Bielefeld University 2008 The Migration Policy Institute is an independent, nonpartisan, nonprofit think tank dedicated to the study of the movement of people worldwide. About the Transatlantic Council on Migration This paper was commissioned by the Transatlantic Council on Migration for its inaugural meeting held in Bellagio, Italy, in April 2008. The meeting’s theme was “Identity and Citizenship in the 21st Century,” and this paper was one of several that informed the Council’s discussions. The Council is an initiative of the Migration Policy Institute undertaken in cooperation with its policy partners: the Bertelsmann Stiftung and European Policy Centre. The Council is a unique deliberative body that examines vital policy issues and informs migration policymaking processes in North America and Europe. For more on the Transatlantic Council on Migration, please visit: www.migrationpolicy.org/transatlantic © 2008 Migration Policy Institute. All Rights Reserved. No part of this publication may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopy, or any information storage and retrieval system, without permission from the Migration Policy Institute. A full-text PDF of this document is available for free download from www.migrationpolicy.org. Permission for reproducing excerpts from this report should be directed to: Permissions Department, Migration Policy Institute, 1400 16th Street NW, Suite 300, Washington, DC 20036, or by contacting [email protected] Suggested citation: Faist, Thomas and Jürgen Gerdes. 2008. Dual Citizenship in an Age of Mobility. Washington, DC: Migration Policy Institute. 2 Introduction In the past, including the recent past, policymakers considered dual citizenship a problem.