Evaluation of Concept of Nationality, Significance, and Development: The Law Relating to Nationality

‘Nationality’ is a term of art used to denote the primary legal connection between an individual and a state, but it is an inconstant expression employed for different purposes in international law and in municipal law and in differing contexts in both. There is no necessary coincidence between the terms as used internationally and domestically. For example, in international law, a State may diplomatically protect its nationals, but it may also in some cases protect people who are not its nationals, and in some instances, it may not protect people whom it regards domestically as its nationals but whom international law places beyond its protective jurisdiction. It is therefore not true to say that nationality is the basis for diplomatic protection or personal jurisdiction, but is it true to say that it is irrelevant to a claim neither to protect nor to exercise jurisdiction. The most that can be said is that, except in special circumstances, States may only protect, or exercise jurisdiction over, national, but that the mere assertion of nationality is insufficient to this end.