Under The Global Vision Of Citizenship Rights Research

As a common law concept, nationality is an essential character to each status intoday’s world. Taking a nationality means having a civil status in a given country,enjoying all the rights and assuming all responsibilities according to constitution.Nationality right, which concludes right of taking nationality and right of changingnationality, possesses the quality attributed to human right, be set down in Declarationof Human Right Universal and other international legal documents. However, as akind of important basic human right, nationality right meets academic and practicalchallenges under the effect of globalization. This dissertation tries to discuss concept,origin and academic foundation of nationality right. The dissertation also tries toprove the significant value under the effect of globalization by clearing up thesuspicion. In the end, the dissertation sums up legal system concerning the protectionof nationality right.The dissertation concludes5chapters. To do some preparative work tonationality right, the first chapter introduces the concept of nationality, and analysesthe value of nationality. In addition, the second part of the first chapter sets forth thecontent and concept of nationality right, and compare nationality right to other relativeconcepts.The second chapter introduces the history and academic foundation of nationalityright. Nationality right came into being along with the concept of nationality.Domestic development, international relationship, and nationality idea also influenceddevelopment of nationality right, and the law of nationality right. This chapter alsoanalyses the academic foundation of nationality right——social contract theory andutilitarianism. By analyzing historical origin of state, social contract theory gives ademonstration of interaction of political organization form and human. On the basic ofhuman nature——draw on its advantages and avoid its disadvantages, utilitarianismprove the the ground of proforming and using nationality right.The third chapter analyses the challenged met by nationality right under thebackground of globalization. This chapter introduces state-weaking theory holding bycosmopolitism, civil status-changing theory, and the issue of stateless resolving,which challenged the ground and value of nationality right. The fouth chapter tries to give response to the above challenges. By rejectingstate-weaking theory, the dissertation demonstrates practical gound of nationalityright. By giving response to cosmopolite status and pluralistic civil status, thedissertation demonstrates academic and practical value. By pointing out thepuzzledom stateless, the dissertation demonstrates significant function in the issue ofstateless resolving.The fifth chapter makes a comparison on international and domestic legal system——international treaty, regional treaty, domestic constitution, nationality law,immigration laws and so on according to the three basic contents.At last, the dissertation points out that nationality right will exit as an importanthuman right under the background of globalization. To improve and strengthen theprotectiong of nationality right, we should do more research on cognition, institutiondesigning, and practical operation.