Nationality Principle and Statelessness in Public International Law

The nationality principle and the concept of statelessness are key components in understanding the jurisdiction of states under public international law. These principles determine the rights, duties, and legal obligations of individuals in relation to the state, as well as the scope of a state’s authority over its citizens and, in the case of stateless persons, over individuals with no formal nationality.

1. Nationality Principle

The nationality principle is one of the fundamental bases of state jurisdiction, which allows a state to exercise authority over individuals based on their nationality. It is rooted in the notion that individuals owe allegiance to their state of nationality, and in turn, the state has the right to regulate the conduct of its nationals, even beyond its territorial borders.

A. Definition of Nationality

Nationality is the legal bond that links an individual to a state, which confers upon that person rights and duties under the laws of the state. It is an essential element of an individual's legal identity and determines the state to which the person owes allegiance.
Nationality is distinct from citizenship, though the terms are often used interchangeably. In some legal contexts, citizenship refers specifically to the individual's enjoyment of full political rights within the state (e.g., the right to vote).

B. State's Jurisdiction Over Nationals

Under the nationality principle, a state may exercise jurisdiction over its nationals even when they are abroad. This extraterritorial jurisdiction allows states to regulate the activities and behavior of their citizens outside of the state's borders.
For example, a state can legislate to criminalize certain actions committed by its nationals abroad (e.g., sex trafficking, terrorism), and such laws will apply to nationals regardless of where the crime was committed. The Philippine Revised Penal Code contains such provisions, particularly under Article 2, which provides for extraterritorial application of the Code under certain circumstances.

C. Active and Passive Nationality Principle

There are two types of nationality principles that govern extraterritorial jurisdiction:

Active Nationality Principle
- The active nationality principle gives a state jurisdiction over crimes committed by its nationals, irrespective of where the crime was committed.
- This principle is widely accepted under international law. For instance, a Filipino citizen committing a crime abroad can be prosecuted in the Philippines under the active nationality principle.
Passive Nationality Principle
- Under the passive nationality principle, a state may assert jurisdiction over crimes committed against its nationals by foreign individuals.
- This principle is more controversial and is accepted with certain limitations in international law. For instance, if a Filipino national is harmed abroad, the Philippine government may seek to prosecute the foreign perpetrator under this principle.

D. Dual Nationality and Multiple Nationalities

Some individuals may hold dual or multiple nationalities, meaning they are nationals of more than one state. In such cases, the question arises as to which state has the primary claim to jurisdiction over the individual.
International law provides that states can recognize dual nationality, but conflicts of jurisdiction can arise when multiple states seek to exercise authority over the same individual.
States resolve these issues through bilateral or multilateral agreements, as well as through the principle of effective nationality, which prioritizes the individual's genuine connection to one state over another.

2. Statelessness

Statelessness refers to the condition of individuals who do not have nationality or citizenship in any country. A stateless person is defined under Article 1 of the 1954 Convention Relating to the Status of Stateless Persons as a person "who is not considered as a national by any State under the operation of its law."

A. Causes of Statelessness

Statelessness can arise due to various factors, including:

Conflicts of laws: Different nationality laws of states may create situations where an individual is not considered a national by any state.
Denationalization: States may revoke an individual's nationality, rendering them stateless. This can happen as a result of political persecution or discriminatory policies.
Failure to register at birth: Individuals born in certain jurisdictions may fail to acquire nationality if their births are not registered.
State succession: When new states are formed (e.g., after a region gains independence), some individuals may become stateless if their nationality is not recognized by the new state or if they lose nationality from the previous state.
Discrimination: In some cases, nationality laws discriminate against certain groups (e.g., based on ethnicity, gender, or religion), leading to statelessness.

B. International Protection of Stateless Persons

1954 Convention Relating to the Status of Stateless Persons: This Convention establishes the international legal framework for the protection of stateless individuals, providing them with a legal status and ensuring their basic human rights, similar to the protection given to refugees.
1961 Convention on the Reduction of Statelessness: This Convention aims to prevent statelessness by establishing rules that govern the acquisition and loss of nationality. It obligates states to ensure that individuals are not rendered stateless by the operation of national laws.
Human Rights Obligations: International human rights instruments, such as the Universal Declaration of Human Rights (UDHR), recognize the right of every person to a nationality. Article 15 of the UDHR states, "Everyone has the right to a nationality," and that "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."

C. Consequences of Statelessness

Lack of legal protection: Stateless persons often face significant challenges in accessing legal protection and basic human rights. Without nationality, they may have difficulty obtaining identification documents, education, healthcare, employment, and travel rights.
Detention and Deportation: Stateless persons are at greater risk of arbitrary detention and deportation since they may not have a country to which they can legally be deported.
Social and economic marginalization: Stateless individuals frequently face exclusion and marginalization, as they may be unable to participate fully in society without legal recognition by any state.

D. Philippine Law on Statelessness

Philippine Citizenship Laws: Under Philippine law, nationality is generally acquired through jus sanguinis (right of blood), meaning individuals are Filipino citizens if they are born to Filipino parents, regardless of where they are born. The Philippines does not apply jus soli (right of soil), under which nationality is based on the place of birth.
The Philippine Constitution provides for the rights of Filipino citizens, but it does not have specific provisions dealing with stateless persons. However, as a signatory to international treaties on statelessness, the Philippines has obligations under international law to protect stateless individuals within its territory.

3. Resolution of Statelessness and Nationality Disputes

A. Naturalization as a Remedy for Statelessness

Naturalization is one of the primary legal avenues for stateless individuals to acquire nationality. Countries, including the Philippines, have naturalization laws that allow foreigners, including stateless persons, to apply for citizenship under certain conditions.

B. International Cooperation

States cooperate through international organizations such as the United Nations High Commissioner for Refugees (UNHCR), which plays a crucial role in identifying stateless individuals, protecting their rights, and advocating for their inclusion in nationality systems.

C. Role of Courts in Addressing Statelessness

Courts, both domestic and international, play a significant role in adjudicating nationality disputes. In the Philippines, courts have decided cases on the issue of citizenship, especially in the context of individuals who are stateless or in danger of becoming stateless. The judiciary may also enforce the provisions of international treaties to which the Philippines is a party, ensuring that stateless persons receive appropriate protection.

Conclusion

The nationality principle and the issue of statelessness reflect the intricate relationship between individuals and states in public international law. Nationality provides a legal bond between the individual and the state, empowering states to exercise jurisdiction over their nationals. Statelessness, on the other hand, presents complex legal challenges as stateless individuals lack the legal protection typically conferred by nationality. International law, through conventions and human rights principles, seeks to address these challenges by ensuring that stateless individuals are afforded protection and that states work toward reducing statelessness across the globe.