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Jus soli information


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Jus soli (English: /ʌs ˈsl/ juss SOH-ly[citation needed], /js ˈsli/ yooss SOH-lee),[1] meaning 'right of the soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country.[2][3][4] Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.[5][6]

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.[7] Outside the Americas, jus soli is rare.[8][9] Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country grants nationality based on unconditional or near-unconditional jus soli.[10][11]

Almost all states in Europe, Asia, Africa and Oceania grant nationality at birth based upon the principle of jus sanguinis ("right of blood"), in which nationality is inherited through parents rather than birthplace, or a restricted version of jus soli in which nationality by birthplace is automatic only for the children of certain immigrants.

Jus soli in many cases helps prevent statelessness.[12] Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to people born in their territory who would otherwise become stateless persons.[13][a] The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."[12]

  1. ^ Latin: [juːs ˈsɔliː]; meaning "right of soil" jus soli Archived 8 April 2010 at the Wayback Machine, definition from merriam-webster.com Archived 22 September 2017 at the Wayback Machine.
  2. ^ "International Migration Law No. 34 - Glossary on Migration". International Organization for Migration: 120. 19 June 2019. ISSN 1813-2278.
  3. ^ Vincent, Andrew (2002). Nationalism and Particularity. Cambridge / New York: Cambridge University Press.
  4. ^ Solodoch, Omer; Sommer, Udi (2020). "Explaining the birthright citizenship lottery: Longitudinal and cross-national evidence for key determinants". Regulation & Governance. 14: 63–81. doi:10.1111/rego.12197. S2CID 158447458.
  5. ^ Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), p. 120.
  6. ^ Rey Koslowski, Migrants and Citizens: Demographic Change in the European State System (Cornell University Press, 2000), p. 77.
  7. ^ Serhan, Yasmeen; Friedman, Uri (31 October 2018). "America Isn't the 'Only Country' With Birthright Citizenship". The Atlantic. Archived from the original on 26 August 2021. Retrieved 26 August 2021.
  8. ^ Rotunda, Ronald D. (16 September 2010). "Birthright citizenship benefits the country". Chicago Tribune. Archived from the original on 11 March 2012. Retrieved 12 February 2012.
  9. ^ Smith, Morgan (16 August 2010). "Repeal Birthright Citizenship – and Then What?". Texas Tribune. Archived from the original on 14 November 2011. Retrieved 12 February 2012.
  10. ^ Gilbertson, Greta (1 January 2006). "Citizenship in a Globalized World". Migration Policy Institute. Archived from the original on 15 December 2011. Retrieved 12 February 2012.
  11. ^ Vink, M.; de Groot, G.R. (2010). Birthright Citizenship: Trends and Regulations in Europe. Comparative Report RSCAS/EUDO-CIT-Comp. 2010/8 (PDF). Florence: EUDO Citizenship Observatory. p. 35. Archived from the original (PDF) on 26 November 2012. Retrieved 23 August 2012.
  12. ^ a b c Lung-chu Chen, An Introduction to Contemporary International Law: A Policy-Oriented Perspective (Oxford University Press, 2015), p. 223.
  13. ^ Ivan Shearer & Brian Opeskin, "Nationality and Statelessness" Foundations of International Migration Law (eds. Brian Opeskin, Richard Perruchoud & Jillyanne Redpath-Cross: Cambridge University Press, 2012), p. 99.


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categorized into three principles: jus soli, or right by birth on the soil; jus sanguinis, or right of the blood; and jus matrimonii, or right of marriage...

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of the United States automatically acquires U.S. citizenship, known as jus soli ("right of the soil"). This includes the territories of Puerto Rico, the...

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unconditional jus soli citizenship, while it has been limited or abolished in almost all other countries. In many cases, both jus soli and jus sanguinis hold...

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Bangladeshi nationality law

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at the nearest Bangladeshi Embassy or Mission. Citizenship is acquired jus soli (Citizenship by right of birth within the territory), or at birth, when...

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Italian nationality law

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acquire Italian citizenship, aligning partially with the principle of jus soli. Acknowledgement or Legitimation: Children gain Italian citizenship through...

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French people

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factors: integration, individual adherence, and the primacy of the soil (jus soli). Political integration (which includes but is not limited to racial integration)...

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Multiple citizenship

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Africa, and the UK have a modified jus soli, which requires at least one parent to be a citizen of the country (jus sanguinis) or a legal permanent resident...

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Portuguese nationality law

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the acquisition of citizenship at birth through a mixed system of jus soli and jus sanguinis. Citizenship was acquired by children born in Portugal in...

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Statelessness

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through one of two modes, although many nations recognize both modes today: Jus soli ("right of the soil") denotes a regime by which nationality is acquired...

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Iranian nationality law

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Iranian nationality law contains principles of both jus sanguinis and jus soli. The full nationality law is defined in Book 2 of the Civil Code of Iran...

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Place of birth

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nationality of the baby, a practice often referred to by the Latin phrase jus soli. Almost all countries outside the Americas instead attribute nationality...

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Naturalization

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Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the...

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Birth aboard aircraft and ships

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because various states apply differing principles of nationality, namely jus soli and jus sanguinis, to varying degrees and with varying qualifications. Before...

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Anchor baby

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of the child, who automatically qualifies as an American citizen under jus soli and the rights guaranteed in the Fourteenth Amendment to the U.S. Constitution...

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List of former United States citizens who relinquished their nationality

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original ascertained US citizenship. Jus soli ("right of the soil") is citizenship by birth in the United States, whereas jus sanguinis ("right of blood") here...

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British Nationality Act 1981

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any of the British territories. The Act also modified the application of jus soli in British nationality. Prior to the Act coming into force, any person...

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French nationality law

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nationality law is historically based on the principles of jus soli (Latin for "right of soil") and jus sanguinis, according to Ernest Renan's definition, in...

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Pom Klementieff

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She is a French citizen and does not have Canadian citizenship because jus soli does not apply to children of diplomats. Klementieff lived in Canada for...

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Belgian nationality law

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Belgian nationality and is based on a mixture of the principles of jus sanguinis and jus soli. Belgian nationality was historically governed by a law dating...

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Princess Margriet of the Netherlands

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subject under the rule of jus soli. Instead, the child would only inherit Dutch citizenship from her mother under the principle of jus sanguinis, which is followed...

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Indian Saudis

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naturalized prior to the revocation of jus soli citizenship rights and children born to Saudi fathers under the jus sanguinis principle. Most Indo-Saudis...

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Albanian nationality law

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Albanian nationality law is based on a mixture of the principles of Jus sanguinis and Jus soli. In other words, both place of birth and Albanian parentage are...

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Dutch nationality law

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