What nationality should a child be born on a transnational plane?

Born on an airplane, which nationality should I get?

Wednesday 20 15.05.06 from Zhihu Daily.

Jianghu people? A:

Recently, a proposal put forward by US Senator david vetter caused quite a stir on the other side of the ocean, because it proposed to abolish "birth citizenship". Once passed (though extremely difficult), there is no point in going to the United States to have a baby. Of course, Witt's proposal is not only aimed at the problem of tourist mothers, but also to curb illegal immigrants. The so-called "birth citizenship" (also known as "landing citizenship") refers to the fourteenth amendment to the US Constitution, which stipulates that "anyone born on American soil automatically has American citizenship." Witt's proposal puts forward the restriction of parents' nationality based on native birth, that is, "a child born on American soil can acquire American nationality only if at least one of his parents is an American citizen or permanent resident or is serving in the US military", while the current restriction of parents' nationality is only for babies born overseas ("both parents are American citizens and at least one of them has lived in the United States before").

David Witt, his brother.

Generally speaking, natural persons can have nationality or statelessness (that is, stateless persons), one nationality or multiple nationalities. There are two main ways to acquire nationality: birth and naturalization (such as marriage, adoption, naturalization, etc.-for example, Ernesto Guevara's Cuban nationality was given by the Cuban government, and Qatar granted nationality to foreign athletes, and then claimed that it was based on their Islamic beliefs).

Birth is the most important way for a person to acquire nationality. The principle of determining the original nationality of a natural person can be divided into two types: bloodline and birthplace-I call it the "daddy principle", that is, bloodline "depends on the father" (the nationality of parents) and birthplace "depends on the place" (which country was born). However, it should be noted that as a legislative principle, bloodline and place of birth are not clearly defined, and many countries have both in their nationality laws.

genealogy

What is bloodline? Before answering this question, we might as well look at several legal provisions:

(1) Paragraph 1 of Article 5 of the Nationality Law of the People's Republic of China: Both parents or one of them is a citizen of China, and I was born in a foreign country and have China nationality;

(2) Paragraph 1 of Article 2 of the Japanese Nationality Law: A child becomes a Japanese national under the following circumstances: (1) At the time of birth, the father or mother was a Japanese national;

(3) Article 6, paragraph 1, of the Algerian Nationality Law: Algerian nationality is granted by descent in the following cases: 1) The father was an Algerian citizen at birth; 2) At the time of birth, the mother was an Algerian citizen and the identity of the father was unknown.

Nationality Law of the People's Republic of China

The above three provisions are typical nationality laws based on the principle of descent, which follow the legal principle that the nationality of the baby is determined by the nationality of the parents, regardless of the place of birth. China's Nationality Law is particularly obvious in this respect. The representative clause is the first paragraph of Article 5 of the Nationality Law of the People's Republic of China-even if one of the parents is a citizen of China, one can acquire China nationality (provided, of course, that one has no foreign nationality).

If further subdivided, lineages can be divided into two lineages and one lineages (paternal lineages). Two lineages refer to the nationality of both parents, the father or mother is a national at birth, and the children are also nationals, such as the first paragraph of Article 2 of the Japanese Nationality Law in the quotation; Monolineal descent only refers to the nationality of the father, the father is a citizen at birth and the children are citizens. Only when a child born out of wedlock or the father's nationality is unknown can the mother's nationality be referred to, such as the first paragraph of Article 6 of the Algerian Nationality Law.

Provisions of Japan's old nationality law

Because the straight male cancer tendency of the single-child system violates the principle of equality between men and women, many countries that once implemented the single-child system have revised their nationality laws and changed them into two-line systems. For example, in Japan, the first article of the Nationality Law promulgated in the thirty-second year of Meiji stipulates:

A child born with a Japanese father is Japanese, and a child born after his father's death is also Japanese.

Article 3 provides that:

The father is untraceable or stateless, the mother is Japanese and the son is Japanese.

After Japan ratified the Convention on the Elimination of All Forms of Discrimination against Women, a new nationality law was implemented in 1985, which changed from referring only to the nationality of the father to the nationality of one parent. At present, double-line bloodline has become the mainstream, and only some traditional countries in the Middle East and North Africa are still implementing single-line bloodline.

Countries that adopt bloodline will also refer to birthism. For example, the Nationality Law of China stipulates that:

Article 6: Parents are stateless or of unknown nationality and have settled in China. I was born in China and have China nationality.

But this is not the guiding principle, but more like a solution for special situations.

Which countries adopt the principle of descent? Before answering this question, we need to know which countries implement the naming system.

Birthplace doctrine

Contrary to Jussungis, which means "blood right", Jus Soli means "land right", and it follows the principle that anyone born in the territory of a country is a citizen of that country.

Constitution of Antonia

The early form of inheritance right originated from Cleisthenes's reform of ancient Athenian law, and was further developed during the Roman Empire. Its landmark event was that Emperor caracalla promulgated the Antoniana Constitution in 2 12, according to which all people born freely in the Roman Empire will be granted full Roman citizenship. However, the expansion of nativism in the world is closely related to the expansion of Britain and immigrants from the New World. Let's look at a map first:

A country in the world is dominated by the theory of birth.

The dark blue part of the map is the country that implements the "unconditional birth citizenship" system, the light blue part is the country that implements the "restricted birth citizenship" system, and the lightest color is India (and Malta).