nationality

Nationality is the legal relationship between an individual and a state under international law. Each state decides by its own law who its nationals are, usually by birth in its territory (jus soli), descent (jus sanguinis), or naturalisation. Other states need recognise that nationality only if it rests on a genuine link, as the ICJ held in Nottebohm.

Nationality allows the state to exercise diplomatic protection for its nationals. In domestic law the term “citizenship” is used; in India it is governed by Part II of the Constitution and the Citizenship Act, 1955. A person without any nationality is stateless.

Example

Liechtenstein could not protect Nottebohm against Guatemala because his nationality lacked a genuine link with Liechtenstein.

In Indian law

• Nottebohm Case (Liechtenstein v. Guatemala) (ICJ, 1955)
• Articles 5 to 11, Constitution of India; Citizenship Act, 1955

See also

jus soli · jus sanguinis · statelessness · domicile

Read more in the study notes

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• The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
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• Pre-reform scenario and the New Economic Policy, 1991 (Business Environment)
• Liberalisation, privatisation and globalisation (Business Environment)