The principles of the dependent and independent nationality of spouses: advantages and disadvantages
On marriage issues, many countries have espoused the independence of nationality policy, that is, they accept neutral effects of marriage on nationality. We don’t see the point of bestowing nationality on an alien woman who has married a national man but lives abroad. The ratio of countries in favor...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universidad de Los Hemisferios
2018-04-01
|
| Series: | Ius Humani |
| Subjects: | |
| Online Access: | http://www.iushumani.org/index.php/iushumani/article/view/187 |
| _version_ | 1818066044207497216 |
|---|---|
| author | Seyyed Mohsen Hashemi-Nasab Zavareh Elham Ghaffarian Naser Ghamkhar |
| author_facet | Seyyed Mohsen Hashemi-Nasab Zavareh Elham Ghaffarian Naser Ghamkhar |
| author_sort | Seyyed Mohsen Hashemi-Nasab Zavareh |
| collection | DOAJ |
| description | On marriage issues, many countries have espoused the independence of nationality policy, that is, they accept neutral effects of marriage on nationality. We don’t see the point of bestowing nationality on an alien woman who has married a national man but lives abroad. The ratio of countries in favor of dependent nationality to those in favor of independent nationality is one to three. So, there are only a few countries left still pursuing a policy of forcing husbands’ nationality upon alien women on an unconditional basis. The main question in this paper is: Should the nationality of one spouse be imposed on the other one, making them both subjects of one State? After an introduction (chapter Ⅰ), we analyze the theory of the unity of nationality and the theory of independent nationality (chapter Ⅱ). In chapter Ⅲ we see international documents on the theories of dependent and independent nationality. Finally, we take care of the present situation of the world in respect to nationality laws and then we resume some conclusions; the main one is that some political approaches seems to discriminates between national and foreign women. |
| first_indexed | 2024-12-10T15:01:31Z |
| format | Article |
| id | doaj.art-3bc10f19a6014a458a426c3d27e245fe |
| institution | Directory Open Access Journal |
| issn | 1390-440X 1390-7794 |
| language | English |
| last_indexed | 2024-12-10T15:01:31Z |
| publishDate | 2018-04-01 |
| publisher | Universidad de Los Hemisferios |
| record_format | Article |
| series | Ius Humani |
| spelling | doaj.art-3bc10f19a6014a458a426c3d27e245fe2022-12-22T01:44:09ZengUniversidad de Los HemisferiosIus Humani1390-440X1390-77942018-04-017The principles of the dependent and independent nationality of spouses: advantages and disadvantagesSeyyed Mohsen Hashemi-Nasab Zavareh0Elham Ghaffarian1Naser Ghamkhar2University of Tehran, Tehran (Iran)Islamic Azad University, Tabriz (Iran)University of Allameh Tabataba’i, Tehran (Iran)On marriage issues, many countries have espoused the independence of nationality policy, that is, they accept neutral effects of marriage on nationality. We don’t see the point of bestowing nationality on an alien woman who has married a national man but lives abroad. The ratio of countries in favor of dependent nationality to those in favor of independent nationality is one to three. So, there are only a few countries left still pursuing a policy of forcing husbands’ nationality upon alien women on an unconditional basis. The main question in this paper is: Should the nationality of one spouse be imposed on the other one, making them both subjects of one State? After an introduction (chapter Ⅰ), we analyze the theory of the unity of nationality and the theory of independent nationality (chapter Ⅱ). In chapter Ⅲ we see international documents on the theories of dependent and independent nationality. Finally, we take care of the present situation of the world in respect to nationality laws and then we resume some conclusions; the main one is that some political approaches seems to discriminates between national and foreign women.http://www.iushumani.org/index.php/iushumani/article/view/187MarriageNationalityPrinciple of IndependencePrinciple of UnityInternational Conventions |
| spellingShingle | Seyyed Mohsen Hashemi-Nasab Zavareh Elham Ghaffarian Naser Ghamkhar The principles of the dependent and independent nationality of spouses: advantages and disadvantages Ius Humani Marriage Nationality Principle of Independence Principle of Unity International Conventions |
| title | The principles of the dependent and independent nationality of spouses: advantages and disadvantages |
| title_full | The principles of the dependent and independent nationality of spouses: advantages and disadvantages |
| title_fullStr | The principles of the dependent and independent nationality of spouses: advantages and disadvantages |
| title_full_unstemmed | The principles of the dependent and independent nationality of spouses: advantages and disadvantages |
| title_short | The principles of the dependent and independent nationality of spouses: advantages and disadvantages |
| title_sort | principles of the dependent and independent nationality of spouses advantages and disadvantages |
| topic | Marriage Nationality Principle of Independence Principle of Unity International Conventions |
| url | http://www.iushumani.org/index.php/iushumani/article/view/187 |
| work_keys_str_mv | AT seyyedmohsenhasheminasabzavareh theprinciplesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages AT elhamghaffarian theprinciplesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages AT naserghamkhar theprinciplesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages AT seyyedmohsenhasheminasabzavareh principlesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages AT elhamghaffarian principlesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages AT naserghamkhar principlesofthedependentandindependentnationalityofspousesadvantagesanddisadvantages |