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Nationality is the status of belonging
to a particular nation by origin, birth,
or naturalization. It can be an ethnic
group that is part of a larger entity
such as a state.
Nationality gives the right to live and
work permanently in a country, and
includes other rights, such as the right to
have a passport issued by that country,
the right of abode in that country's
embassies, right of social security, right
to exercise some legal or political
professions (e.g magistrate, president of
the   country).   Nationality   may   also
include obligations, such as military
How is it differ to
   citizenship?
What is Citizenship?


   Citizenship is commonly defined as
“the state of being vested with the
rights, privileges, and duties of a
citizen,”   who   is   “a     native   or
naturalized member of a state or
other political community.”
Citizenship in itself does not give the
right to live in a country (a visa or
nationality is required for that), but only
to vote at elections (sometimes also the
right to be elected). Citizenship can be
national (nationwide), subnational (only in
one    state,    region,    province    or
municipality), or supranational (valid in
several countries, like within the EU or
Commonwealth).
It is widely believed that the concept
was first introduced to the West by the
ancient Greeks who implemented it in
small communities and who distinguished
their citizens from the non-citizens – i.e.,
the slaves, the “barbarians” and the
women.      It was then expanded by the
ancient Romans to cover their entire
empire and in so doing legitimize their rule
over    their   conquered   territories,   and
further refined by the French, who, by
staging the French Revolution, did away
with a “caste system” for their citizens so
that the commoners would have the same
rights as the nobles.
The modern concept of citizenship has
of course developed further, and countries
and supranational entities (e.g., the
European Union with their concept of an
EU citizen) are up to now still debating
related matters.   Complicating things a
bit is the issue of citizenship versus
nationality: The former is deemed “more
exclusive” while the latter is afforded those
people from colonial territories who do not
enjoy all citizenship rights. Because of the
size of the former British Empire, the UK
has probably the most interesting and most
confusing citizenship and nationality
laws.
There are some cases of nationality
without citizenship. For instance, until
recently, people naturalized French could
not vote for the first 5 or 10 years after
taking the French nationality.
    But there are also cases of citizenship
without nationality, which is much
more common. For instance, foreigners in
the Benelux, the 5 Nordic countries, some
Swiss   cantons,   Portugal    and    New
Zealand have the right to vote at some or
all elections, and in some cases to be
elected too. Nationals of Commonwealth
countries living in the UK can also vote
and be elected in the UK.
In Japan, has given the right to vote

(but not to be elected) to permanent residents

(only) at municipal elections (only). So

99.99% of foreigners in Japan do not have

citizenship        rights        at         all.



      Nationals of EU member-states all enjoy

the   rights   given   by   nationality     and

citizenship in other EU countries, with some

restrictions. Citizenship rights are limited to

EU and local elections, and nationality rights

do not include the right of social security (but

many non-EU countries don't have any,

anyway) or the obligation of military service.
What is Dual Nationality?
      Dual nationality is a “status long
recognized in the law” and that “a
person may have and exercise rights
of nationality in two countries and be
subject    to    the   responsibilities   of
both. The mere fact that he asserts
the rights of one citizenship does
not    without    more    mean   that     he
renounces the other”.
Dual nationality results from
the fact that there is no uniform
rule of international law relating
to the acquisition of nationality.
Each country has its own laws on
the subject, and its nationality is
conferred upon individuals on the
basis   of     its   own   independent
domestic policy. Individuals may
have    dual     nationality   not   by
choice but by automatic operation
of these different and sometimes
conflicting laws.
Philippines in Response to
     Dual Nationality
Republic Act No. 9225,
also     known       as     the
Citizenship Retention and
Re-Acquisition Act of 2003,
an individual, who was a
natural-born Filipino citizen
but lost his/her Philippine
citizenship       due        to
naturalization as a citizen of
a foreign country, may now
apply for the Administration of
Oath of Allegiance to the
Republic of the Philippines.
PHILIPPINE      IMMIGRATIONS:           New
rules on dual citizenship: Filipinos with dual
citizenships can now enter end leave the
country, trouble free, as long as they present
both their Philippine and foreign passports to
immigration officers at the time of arrival or
departure,     according     to     immigrations
Commissioner Alipio Fernandez Jr.

     This    developed     after    bureau    of
immigration came out with new rules for
arriving and departing passengers who availed
themselves of the dual citizenship law passed
by Congress last year.
Under the law, Filipinos who became, or are
intending to become naturalized citizens of other
countries,     have   not   lost   their    Philippine
citizenship. According to Mr. Fernandez, a
Filipino who presents a foreign passport shall only
be given an indefinite stay in the country if he or
she can show a valid Philippine passport or a
certificate from the BI as proof of dual
citizenship.

     The immigration officer then makes the
appropriate stamp on both the foreign and
Philippine     passports    of     the      passenger.
Immigration executive director Roy Almoro said
the new rules were issued in the wake of reports
of   misunderstanding       between        immigration
officers and passengers with dual citizenship.
Airport immigration head of
supervisors Ferdinand Sampol said
dual citizens who entered the
country using foreign passports
will    be   cleared   for    departure
provided     they   present    a   valid
Philippine passport and bureau of
immigration certificate.
       The passenger is no longer
required to present a certificate,
exit permit or proof of payment of
immigration fees.
Dual Nationality:
an International Concern
Dual Nationality: in an Argument
Dual military obligations

It is concerning the risk that people might be
doubly obliged to compete national service.
Citizenship as the basis to
determine applicable law
    Nationality is one of the criteria to determine the
applicable domestic law, especially in the area of family and
inheritance law. However, according to private international
law – i.e. the principles which decide which domestic law
applies in a given situation – the principle of effective
citizenship means that the applicable law is that of the country
to which those concerned have an effective tie, in other words
the country where they normally reside.
Possible double taxation of
      dual nationals

   A state can tax its nationals regardless of
their place of residence. Further, people must
regularly meet their tax obligation in the
country where they are economically active.
This obviously gives rise to the risk of
double taxation.
Diplomatic protection for
persons with dual nationality
    Claiming diplomatic protection, whereby a state
is entitled to protect its subjects against acts contrary
to international law committed by another state. In
the case of dual nationals, there could be some
dispute as to which state may provide legal
protection. On the other hand, conflict may arise if a
state intervenes on behalf of a citizen residing in
another state of which he or she is also a citizen.
‘Unjustified’ double voting rights

   In nearly all states, voting rights are given on
the basis of citizenship. Some commentators,
therefore, critically point out that persons who are
the citizens of two countries can also vote in two
countries. Critics argue that this undermines the
basic principle of equality of citizens, which is
expressed by “one person, one vote”.
Loyalty
    A distinction may be made between conflicts
specifically mentioned and less explicit general
doubts about the necessary degree of loyalty. One
such possible specific conflict is that in the event of
war a state depends on the undivided loyalty of the
nationals it can call to arms in its service.
Pros and Cons in having Dual
         Nationality
PROS                                             CONS

                                       Immigrants

       Acquire rights as nationals
                                                   Take on obligations as nationals
 Receive acknowledgment of multiple                  of two or more countries
     memberships and loyalties

                                      Sending States

   Promote economic development
                                          Permit undue influence of immigrants
       Encourage remittances             in domestic politics; immigrants
Develop a sympathetic lobby in receiving as political loose cannon
               country
                                    Receiving States

      Support foreign policy goals                    Divide loyalties of citizens
    Encourage the naturalization of
                                              Delay immigrant adoption of citizenship
             immigrants
         Recognize realities of
                                                    Devalue meaning of citizenship
        transnational allegiances
Presented by:
 Cesario, Sheila Marie G.
III-21 BSE Social Science

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Dual nationality.ppt

  • 1.
  • 2. Nationality is the status of belonging to a particular nation by origin, birth, or naturalization. It can be an ethnic group that is part of a larger entity such as a state.
  • 3. Nationality gives the right to live and work permanently in a country, and includes other rights, such as the right to have a passport issued by that country, the right of abode in that country's embassies, right of social security, right to exercise some legal or political professions (e.g magistrate, president of the country). Nationality may also include obligations, such as military
  • 4. How is it differ to citizenship?
  • 5. What is Citizenship? Citizenship is commonly defined as “the state of being vested with the rights, privileges, and duties of a citizen,” who is “a native or naturalized member of a state or other political community.”
  • 6. Citizenship in itself does not give the right to live in a country (a visa or nationality is required for that), but only to vote at elections (sometimes also the right to be elected). Citizenship can be national (nationwide), subnational (only in one state, region, province or municipality), or supranational (valid in several countries, like within the EU or Commonwealth).
  • 7. It is widely believed that the concept was first introduced to the West by the ancient Greeks who implemented it in small communities and who distinguished their citizens from the non-citizens – i.e., the slaves, the “barbarians” and the women. It was then expanded by the ancient Romans to cover their entire empire and in so doing legitimize their rule over their conquered territories, and further refined by the French, who, by staging the French Revolution, did away with a “caste system” for their citizens so that the commoners would have the same rights as the nobles.
  • 8. The modern concept of citizenship has of course developed further, and countries and supranational entities (e.g., the European Union with their concept of an EU citizen) are up to now still debating related matters. Complicating things a bit is the issue of citizenship versus nationality: The former is deemed “more exclusive” while the latter is afforded those people from colonial territories who do not enjoy all citizenship rights. Because of the size of the former British Empire, the UK has probably the most interesting and most confusing citizenship and nationality laws.
  • 9. There are some cases of nationality without citizenship. For instance, until recently, people naturalized French could not vote for the first 5 or 10 years after taking the French nationality. But there are also cases of citizenship without nationality, which is much more common. For instance, foreigners in the Benelux, the 5 Nordic countries, some Swiss cantons, Portugal and New Zealand have the right to vote at some or all elections, and in some cases to be elected too. Nationals of Commonwealth countries living in the UK can also vote and be elected in the UK.
  • 10. In Japan, has given the right to vote (but not to be elected) to permanent residents (only) at municipal elections (only). So 99.99% of foreigners in Japan do not have citizenship rights at all. Nationals of EU member-states all enjoy the rights given by nationality and citizenship in other EU countries, with some restrictions. Citizenship rights are limited to EU and local elections, and nationality rights do not include the right of social security (but many non-EU countries don't have any, anyway) or the obligation of military service.
  • 11. What is Dual Nationality? Dual nationality is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other”.
  • 12. Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy. Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws.
  • 13. Philippines in Response to Dual Nationality
  • 14. Republic Act No. 9225, also known as the Citizenship Retention and Re-Acquisition Act of 2003, an individual, who was a natural-born Filipino citizen but lost his/her Philippine citizenship due to naturalization as a citizen of a foreign country, may now apply for the Administration of Oath of Allegiance to the Republic of the Philippines.
  • 15. PHILIPPINE IMMIGRATIONS: New rules on dual citizenship: Filipinos with dual citizenships can now enter end leave the country, trouble free, as long as they present both their Philippine and foreign passports to immigration officers at the time of arrival or departure, according to immigrations Commissioner Alipio Fernandez Jr. This developed after bureau of immigration came out with new rules for arriving and departing passengers who availed themselves of the dual citizenship law passed by Congress last year.
  • 16. Under the law, Filipinos who became, or are intending to become naturalized citizens of other countries, have not lost their Philippine citizenship. According to Mr. Fernandez, a Filipino who presents a foreign passport shall only be given an indefinite stay in the country if he or she can show a valid Philippine passport or a certificate from the BI as proof of dual citizenship. The immigration officer then makes the appropriate stamp on both the foreign and Philippine passports of the passenger. Immigration executive director Roy Almoro said the new rules were issued in the wake of reports of misunderstanding between immigration officers and passengers with dual citizenship.
  • 17. Airport immigration head of supervisors Ferdinand Sampol said dual citizens who entered the country using foreign passports will be cleared for departure provided they present a valid Philippine passport and bureau of immigration certificate. The passenger is no longer required to present a certificate, exit permit or proof of payment of immigration fees.
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  • 26. Dual Nationality: in an Argument
  • 27. Dual military obligations It is concerning the risk that people might be doubly obliged to compete national service.
  • 28. Citizenship as the basis to determine applicable law Nationality is one of the criteria to determine the applicable domestic law, especially in the area of family and inheritance law. However, according to private international law – i.e. the principles which decide which domestic law applies in a given situation – the principle of effective citizenship means that the applicable law is that of the country to which those concerned have an effective tie, in other words the country where they normally reside.
  • 29. Possible double taxation of dual nationals A state can tax its nationals regardless of their place of residence. Further, people must regularly meet their tax obligation in the country where they are economically active. This obviously gives rise to the risk of double taxation.
  • 30. Diplomatic protection for persons with dual nationality Claiming diplomatic protection, whereby a state is entitled to protect its subjects against acts contrary to international law committed by another state. In the case of dual nationals, there could be some dispute as to which state may provide legal protection. On the other hand, conflict may arise if a state intervenes on behalf of a citizen residing in another state of which he or she is also a citizen.
  • 31. ‘Unjustified’ double voting rights In nearly all states, voting rights are given on the basis of citizenship. Some commentators, therefore, critically point out that persons who are the citizens of two countries can also vote in two countries. Critics argue that this undermines the basic principle of equality of citizens, which is expressed by “one person, one vote”.
  • 32. Loyalty A distinction may be made between conflicts specifically mentioned and less explicit general doubts about the necessary degree of loyalty. One such possible specific conflict is that in the event of war a state depends on the undivided loyalty of the nationals it can call to arms in its service.
  • 33. Pros and Cons in having Dual Nationality
  • 34. PROS CONS Immigrants  Acquire rights as nationals  Take on obligations as nationals Receive acknowledgment of multiple of two or more countries memberships and loyalties Sending States Promote economic development Permit undue influence of immigrants Encourage remittances in domestic politics; immigrants Develop a sympathetic lobby in receiving as political loose cannon country Receiving States Support foreign policy goals Divide loyalties of citizens Encourage the naturalization of Delay immigrant adoption of citizenship immigrants Recognize realities of Devalue meaning of citizenship transnational allegiances
  • 35. Presented by: Cesario, Sheila Marie G. III-21 BSE Social Science