Nationality is the link between an individual and a state. Nationality serves first to determine which person enjoys the rights and is bound by the obligations which a state grants to its nationals. Nationality has great significance and performs many functions in international law. On the basis of nationality, states have the right to exercise diplomatic protection of their own nationals. States may exercise civil or criminal jurisdiction on the basis of nationality. States may refuse to extradite their own nationals to another state requesting extradition. Nationality also implies specific obligations, such as the duty to perform military service for the national state. The main idea in nationality is the freedom of states in determining the rules of nationality. Each state has the right to define who are its nationals and who are not. Questions of nationality fall within the domestic jurisdiction of each state. For instance, only Kyrgyz law may define on which basis someone is Kyrgyz or not. Under the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Rules, “it is for each State to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality ". (Art. 1) Although nationality is primarily a matter of municipal law of each state, it is nevertheless governed to a large extent by principles of international law. While each state determines who are its nationals, national law cannot be inconsistent with international conventions, international custom and general principles of law.
Answer the questions to the text.
1. What does nationality serve to? 2. What rights do states possess in relation to their citizens? 3. Does nationality imply any specific obligations of citizens towards the national state? 4. Nationality is not a matter of only national law of each state, is it?
