Towards Dual Nationality: China’s Legal and Policy Initiative for Human and Capital Inflow and Promotion of Social Justice

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 3권 / 2호
ㆍ저자명 : Yin Liu

목차

I. Introduction
II. Formulation of China Nationality Law
III. Problems with Sole Nationality in China
A. Sole Nationality Does Not Promote Neighbourliness
B. Discriminatory Expatriation & Allegiance Conflict
C. Discrimination against Local Chinese
D. Impaired Social Justice
E. Prohibitive Return & Unsuccessful Foreigners’ Permanent Residency
IV. Dual Nationality in International Law and China’s Stance
A. Nationality: From Identity to Right
B. Expatriation: From Duty to Right
C. Prohibition of Arbitrary Deprivation of Nationality
V. Dual Nationality Practice in China: A History
A. Statutory Dual Nationality (1909-49)
B. De Facto Dual Nationality in Hong Kong and Macau (1997- )
C. Dual Nationality in Mainland China (1980- )
VI. Conclusion
References

영어 초록

China’s sole nationality principle was formulated at the beginning of the People’s Republic of China. However, it was not officially adopted as a legal standard until 1980 when New China promulgated its first nationality act. Sole nationality, initiated as an expedient for foreign policy, was originally designed to help with neighbourliness. However, not only did it fail to achieve this goal, but it even resulted in more domestic institutional discrimination among Chinese people. Nowadays, in such a globalization and ‘humanrightization’ era, international law and domestic nationality laws in most countries throughout the world recognize an individual’s right to a nationality, and accept dual nationality so as to facilitate migrants’ returning to their homelands and help them reintegrate into local communities. Contemporary theory and practice of international law support the legitimacy of dual nationality. Also, China has experience in dealing with dual nationality. It would therefore be legitimate, beneficial and practical for China to restore dual nationality.

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