Some Aspects of Citizenship from the Perspective of International Law

• Author: Jana Maftei
• Pages: 225-233

Legal Sciences in the New Millennium

225

Some Aspects of Citizenship

from the Perspective of International Law

Jana Maftei1

Abstract: One of the constitutive components of the state is the population. The population of the state

represents the total physical entities linked to a State through citizenship, whether residing in the territory of

that State o r it is in other states. The international regulations and cooperation between states in solving

problems on population refer to domains and legal institutions such as: dual citizenship, statelessness, th e

legal status of foreigners, the right to asylum, extradition, diplomatic protection, human rights, etc. There are

relevant for the public international law the issues relating to the conditions under which the legal status of

citizens of a state is recognized and it can be enforced against other states, the exercise compatibility of thos e

competences with international law rules. In this paper we have examined issues related to the fundamental

right of citizenship in the light of international documents, rules on acquiring citizenship and citizenship

conflicts. In preparing the paper we used as research methods the analysis of the problems generated by th e

mentioned subject with reference to the doctrinal views expressed in the Treaties and specialized papers, desk

research, interpretation of legal norms in the field.

Keywords: Universal Declaration of Human Rights; European convention on nationality; Convention on the

reduction of statelessness; conflicts of citizenship

1. Introduction

According to the doctrine of classical orientation, three constituents are necessary for a state to exist: a

territory, a population and a government (Savenco, 2006, p. 171), and citizenship is a matter of

defining the national identity, the nation being equivalent to the people who formed the foundation of

national states, the issue of citizenship is an essential attribute of states, the international law having

little to say on the matter. Ernest Gellner explained the formation of nations ―…An advanced culture is

reflected throughout the society, it defines it and it needs to be supported by the state organization.

This is the secret of nationalism.‖ (Gellner, 1997, p. 34) In his work Considerations on Representative

 John Stuart Mill stated that ―A portion of mankind may be said to constitute a

nationality, 'if they are united among themselves by common sympathies which do not exist between

them and any others, which make them co-operate more willingly than with other peoples, to be under

the same government, and desire that it should be government by themselves, or a portion of

themselves, exclusively. (Macartney, 1934, p. 5) Similarly, Karl W. Deutsch believes that at the

origin of the modern nation there is the link between people (Deutsch, 1966, p. 105).

1 Assistant Professor, PhD, Faculty of Law, ―Danubius‖ University of Galati, Romania, Address: 3 Galati Boulevard, 800654

Galati, Romania, Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: janamaftei@univ-danubius.ro.