Suchergebnisse

France has had a richer legislative experience in matters of nationality than any other country. Scarcely a decade has passed since the Revolution in which some project for legislation has not been proposed, and during the intervals between these projects the subject has been kept alive by very intelligent discussion on the part of statesmen and writers. A resumé of French legislation will indicate the trend of thought in France and throw light upon the policies behind the present law. In so brief a summary as is here presented it will be impossible, however, to refer to the numerous proposals which never passed beyond the stage of debate. We shall confine ourselves to the laws as adopted, and these will suffice for our purpose.The law existing in France immediately anterior to the Revolution conferred French nationality on persons (1) born on French soil; (2) born in a foreign country of a French father who had not established his domicile in that country nor lost his intent to return, provided the person so born returned to France.

The history of international nationality law & the concept of relational nationality are discussed, drawing on relational feminism. Prior to 1997, theory on nationalism took an individualistic perspective, avoided multiple nationality, & assumed the wife's nationality was dependent on the husband's. The 1997 European Convention on Nationality sought to address issues of multiple nationality & gender equality; it was neutral on multiple nationality because a gender equality perspective on nationality suggest accepting it in cases where spouses are of mixed nationalities. This points to a theory of relational nationalism in which marriage & family relations are important, & where family may mediate loyalties in a complex manner. Questions of statelessness & how the nationality laws in jus sanguinis regimes may be applied differentially to the first three generations are discussed. 108 References. M. Pflum