A Study On International Legal Issues Of Dual Nationality

From 19th century to the 20th century, with increasingly frequent international exchanges, the importance of nationality stands out, the basic concepts and theories of the nationality becomes mature, and single nationality legislation came into being and became the general trend of nationality legislation. Internationalization of nationality issues and the further evolution of the concept of citizenship bring the nationality issue to the level of international law; and a great number of international treaties on nationality are reached, the principles of modern international law on nationality Law is basically formed. This phenomenon show that the nationality concept of the modern sense is at its maturity stage, and nationality is becoming increasingly important both in domestic law and in international law. This Disseration focuses on dual nationality questions of international law in four chapters as follows.The First Chapter discusses the concept of dual nationality and its historical evolution. Section I analyzes the concept of nationality, and points out that nationality has two meanings:one is the dependence of citizens on the country; another is the protection of country for its citizens. Section II discusses the historical evolution of the nationality law, especially the process from prohibiting dual nationality to recognizing dual nationality. Section III points out that the emergence of dual nationality is due to the evolution of concept of nationality and is the result of various factors.The Second Chapter discusses the situation of international legislation and judicial practice of dual nationality. SectionⅠdiscusses the important role of the treaty as the main legislation form in establishing the dual nationality system. SectionⅡexamines judicial practice on dual nationality, and draws conclusion, by reviewing the domestic judicial practices in the US and other countries, that human rights protection is an important reason of dual nationality. SectionⅢindicates the features of current norms of international law on dual nationality:region-based, human nature and weak theory, and so on.The Third Chapter is the main part of this Dissertation discusses the specific issues of international law on dual nationality. Section I discussed the issue of military service of dual nationality. The state has sovereignty right to decide if its citizens with dual citizenship shall conduct their military service in this or other countries. In general, a natural person with dual nationality will be exempted from military service in the another country if he/she has served in the country. SectionⅡdiscusses the diplomatic protection of dual nationals. Whether to grant diplomatic protection, is under the sovereignty of the State. If the country of effective nationality can protecte, and the other States shall to give up the right of diplomatic protection for the purpose of international cooperation. SectionⅢdiscusses jurisdiction of foreign civil and commercial cases, applicable law and recognition and enforcement of foreigh judgements. SectionⅣdiscusses the extradition of dual nationals While dual nationals are subject to the "non-extradition of nationals" principle, and two countries will not extradite its nationals to other countries for trial, this is constrainted by "or extradite, or prosecute" principle.The Fourth Chapter focuses the issue of dual nationality in China. SectionⅠdiscusses the history of China’s attitude to dual nationality. The single nationality system provided in the "Nationality Law" of 1980 was upheld by historical conditions and was the correct choice at that time. SectionⅡanalyzes the legal and practical issues of 1980 "Nationality Law". Under the current circumstances, continue to uphold the dual nationality system is too far ahead to protection the interest of China, now we shall recognize dual nationality system to a certain extent.