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In 1907, the federal government declared that any American woman marrying a foreigner had to assume the nationality of her husband, and thereby denationalized thousands of American women. This highly original study follows the dramatic variations in women's nationality rights, citizenship law, and immigration policy in the United States during the late Progressive and interwar years, placing the history and impact of "derivative citizenship" within the broad context of the women's suffrage movement. Making impressive use of primary sources, and utilizing original documents from many leading women's reform organizations, government agencies, Congressional hearings, and federal litigation involving women's naturalization and expatriation, Candice Bredbenner provides a refreshing contemporary feminist perspective on key historical, political, and legal debates relating to citizenship, nationality, political empowerment, and their implications for women's legal status in the United States. This fascinating and well-constructed account contributes profoundly to an important but little-understood aspect of the women's rights movement in twentieth-century America. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1999.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Nationality is the most important legal mechanism sorting and classifying the world's population today. An individual's place of birth or naturalization determines where he or she can and cannot be and what he or she can and cannot do. Although this system may appear universal, even natural, Will Hanley shows that it arose just a century ago. In Identifying with Nationality, he uses the Mediterranean city of Alexandria to develop a genealogy of the nation and the formation of the modern national subject. Alexandria in 1880 was an immigrant boomtown ruled by dozens of overlapping regimes. On its streets and in its police stations and courtrooms, people were identified by name, occupation, place of origin, sect, physical description, and other attributes. Yet by 1914, before nationalist calls for independence and decolonization had become widespread, nationality had become the defining category of identification, and nationality laws came to govern Alexandria's population. Identifying with Nationality traces the advent of modern citizenship to multinational, transimperial settings such as turn-of-the-century colonial Alexandria, where ordinary people abandoned old identifiers and grasped nationality as the best means to access the protections promised by expanding states. The result was a system that continues to define and divide people through status, mobility, and residency.
This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.
International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.
Nationality law in Britain is liberal and expansive in making it possible for immigrants to become citizens. Nonetheless, long-term residents, who are educated and possess skills that are important for the British economy, still face significant barriers to citizenship. This book offers insights into the experiences of long-term residents who have successfully become British citizens, through their own stories and newly commissioned illustrations of the journey of immigration. The goal is to explain the gap between formal law and law in practice, but the focus of the book is not solely on barriers--Devyani Prabhat also explores the feelings of belonging and empowerment that people experience during the citizenship journey.
The year 2015 marks the 50th anniversary of the passage of the Immigration and Nationality Act (INA) of 1965—a landmark decision that made the United States the diverse nation it is today. In The Law that Changed the Face of America, congressional journalist and immigration expert Margaret Sands Orchowski delivers a never before told story of how immigration laws have moved in constant flux and revision throughout our nation’s history. Exploring the changing immigration environment of the twenty-first century, Orchowski discusses globalization, technology, terrorism, economic recession, and the expectations of the millennials. She also addresses the ever present U.S. debate about the roles of the various branches of government in immigration; and the often competitive interests between those who want to immigrate to the United States and the changing interests, values, ability, and right of our sovereign nation states to choose and welcome those immigrants who will best advance the country.