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Nationality Law in the Western Hemisphere A Study on
Grounds for Acquisition and Loss of Citizenship in the
Americas and the Caribbean 1st Edition Olivier Willem
Vonk Digital Instant Download
Author(s): Olivier Willem Vonk
ISBN(s): 9789004276413, 9004276416
Edition: 1
File Details: PDF, 1.64 MB
Year: 2014
Language: english
Nationality Law in the Western Hemisphere
Nationality Law in the Western
Hemisphere
A Study on Grounds for Acquisition and Loss of
Citizenship in the Americas and the Caribbean

By

Olivier Vonk

LEIDEN | BOSTON
Library of Congress Cataloging-in-Publication Data

Vonk, Olivier W. author.


Nationality law in the western hemisphere : a study on grounds for acquisition and loss of citizenship in
the Americas and the Caribbean / by Olivier Vonk.
pages cm
Includes bibliographical references and index.
ISBN 978-90-04-27640-6 (hardback : alk. paper) -- ISBN 978-90-04-27641-3 (e-book) 1. Emigration and
immigration law--America. 2. Naturalization--America. 3. Citizenship, Loss of--America. I. Title.
KDZ561.V66 2014
342.708’3--dc23
2014032463

This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering
Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more
information, please see www.brill.com/brill-typeface.

isbn 978-90-04-27640-6 (hardback)


isbn 978-90-04-27641-3 (e-book)

Copyright 2015 by Koninklijke Brill nv, Leiden, The Netherlands.


Koninklijke Brill nv incorporates the imprints Brill, Brill Nijhoff, Global Oriental and Hotei Publishing.
All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
without prior written permission from the publisher.
Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill nv provided
that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive,
Suite 910, Danvers, ma 01923, usa.
Fees are subject to change.

This book is printed on acid-free paper.


Contents

Acknowledgments vii
List of Abbreviations ix
Map of the Western Hemisphere xi

Part 1
Nationality Law in the Western Hemisphere: Setting the Scene

1 Introduction to Part 1 3
1.1 General Introduction 3
1.2 Observations on Matters of Terminology and Definition in Nationality
Law 24
1.3 On the Nationality Legislation of the Two Major Former Colonial Powers
in the Western Hemisphere: Britain and Spain 30

2 Non-Sovereign Caribbean Territories that Belong to Britain, France,


the Netherlands, or the United States 35

3 Key Observations from the Nationality Law-related Case Law of the


Inter-American Court of Human Rights 46

4 On Modes of Acquisition and Loss of Nationality


The European Union Democracy Observatory on Citizenship
Typology 52

PART 2
Grounds for Acquisition and Loss of Citizenship in the
Independent Nation-States of the Western Hemisphere

5 Introduction to the Country Analyses 69


Antigua and Barbuda (A&B) 74
Argentina 83
Bahamas 93
Barbados 103
Belize 110
Bolivia 118
vi Contents 

Brazil 124
Canada 135
Chile 150
Colombia 160
Costa Rica 170
Cuba 178
Dominica 186
Dominican Republic (dr) 195
Ecuador 207
El Salvador 214
Grenada 221
Guatemala 230
Guyana 239
Haiti 247
Honduras 255
Jamaica 263
Mexico 271
Nicaragua 281
Panama 289
Paraguay 297
Peru 304
Saint Kitts and Nevis 312
Saint Lucia 320
Saint Vincent and the Grenadines 328
Surinam 336
Trinidad and Tobago (t&t) 345
United States of America 353
Uruguay 367
Venezuela 374

6 Comparative Conclusions by Individual Mode of Acquisition and


Mode of Loss of Citizenship 384

Bibliography 401
Index 412
Acknowledgments

I am indebted to many people and institutions for making this book possible.
My first thanks go to the European Commission for generously funding my
various research projects on nationality law in the Western Hemisphere. As a
Marie Curie Fellow at Maastricht University and a visiting researcher at
Georgetown University, I was able to investigate and experience many things
first hand – be it in the United States or on trips to Mexico City and the
Caribbean. Before starting any long-term project, it is always uncertain what
the final result will look like. Let me therefore say that the possibility to travel
so widely in the American Hemisphere for two years not only brought the
region alive for me in ways I could not have anticipated, changing my original
ideas along the way, but also frequently provided the impetus for further legal
or historical research. I will be forever grateful for being given the opportunity
to spend such an extended period in the Americas.
My thanks also go to Susan Martin, director of the Institute for the Study of
International Migration (isim) at Georgetown University, for kindly allowing
me to spend two years at the Institute and use it as a base from which to explore
the region. I thank Elzbieta, Lindsay, Shirley, Lex, Sanjula, Abbie, and Zack for
being so welcoming, and Gus(to) McLean in particular for some amazing trips
as well as indispensable help in preparing this manuscript.
The facilities at Georgetown, the Library of Congress and (in Mexico) the
Universidad Nacional Autónoma de México were all first-class, and I can only
hope the book reflects this. Special words of thanks are directed to the Library
of Congress staff as well as Arturo Manjarrez Mosqueda of the Instituto de
Investigaciones Jurídicas for helping me find my way through the libraries’
amazing catalogues.
I also wish to express my enormous gratitude to René de Groot. Knowing
that I can always count on his enthusiasm, expertise and energetic support has
simply been priceless. I will always retain fond memories of our stay at Aruba’s
‘Talk of the Town’, ironically the most convenient place for us to meet when we
were both in the Americas while still being ‘home’ in the Netherlands. Thank
you, René, for discussing a first draft of this book on Aruba and for (again)
investing considerable time in one of my projects.
I am also happy that my ties with the European Union Democracy Obser­
vatory on Citizenship (eudo Citizenship) were not in any way weakened
because of my extended residence on a different continent. I want to warmly
thank Maarten Vink for continuing our work on nationality law in Europe and
the exciting talks about taking the study of comparative nationality law to a
viii Acknowledgments

global level. Maastricht University has taken important steps in that direction
by means of the MACIMIDE project, launched in April 2014, and it is hoped
that the results of this book will benefit the development of a ‘Global Nationality
Database’ in the near future.
This is also the place to highlight eudo Citizenship’s pioneering work over
the last few years in developing the methodology and typology that this book
draws on. While the current eudo members have considerably fine-tuned the
‘modes of acquisition and loss of citizenship’ that form the core of this study,
they were originally devised by a team participating in the 2004 natac project.
Their role in rigorously thinking through an innovative and analytical grid to
map different grounds for acquiring and losing citizenship is hereby duly
acknowledged. The map of the American hemisphere is reproduced with the
kind permission of Esri.
The field of nationality law can be technical and diffuse at times, and the
linguistic and comparative problems posed by the five (European) languages
spoken in the Western Hemisphere were never slight. But this is a matter for
the book itself to explain. Suffice it to state here that any mistakes are of course
my own. On a final note, and somewhat needless to say, I emphasize that while
this research project was funded by the European Commission, the opinions
expressed in this work exclusively reflect my own. Also, while I have made
every effort to conduct this research to the best of my abilities, any liability for
errors or omissions in this book is disclaimed. Comments are obviously very
welcome and can be sent to: [email protected]

Olivier Vonk
Washington, dc
April 2014
List of Abbreviations

Latin Terms

Ex lege by operation of the law, automatically


Iure sanguinis by ius sanguinis
Iure soli by ius soli
Ius sanguinis Lit.: right of the blood: a person acquires the nationality of a parent
at birth or by the establishment of a child–parent family
relationship
Ius soli Lit.: right of the soil: a person acquires the nationality of his
country of birth

Abbreviations of International Instruments

AmCHR 1969 American Convention on Human Rights (San José, Costa Rica,
22 November 1969 oas Treaty Series No. 36, unts 1144, 123)
cedaw 1979 Convention on the Elimination of All Forms of Discrimination
against Women (New York, 18 December 1979 unts 660, 195)
crs 1961 Convention on the Reduction of Statelessness (New York, 30
August 1961 unts 989, 175)
ecn 1997 European Convention on Nationality (Strasbourg, 6 November
1997 ets 166)
iccpr 1966 Covenant on Civil and Political Rights
(New York, 19 December 1966 unts 999, 171)
udhr 1948 Universal Declaration of Human Rights (adopted and
proclaimed by the un General Assembly on 10 December 1948)

Other Abbreviations

bna British Nationality Act


cets Council of Europe Treaty Series
eudo European Union Democracy Observatory on Citizenship
cjeu Court of Justice of the European Union
echr European Convention on Human Rights
ECtHR European Court of Human Rights
ets European Treaty Series
x List of Abbreviations 

lnts League of Nations Treaty Series


oas Organization of American States
unhcr United Nations High Commissioner for Refugees
unts United Nations Treaty Series
Map of the Western Hemisphere
xii Map of the Western Hemisphere
Part 1
Nationality Law in the Western Hemisphere
Setting the Scene


Chapter 1

Introduction to Part 1

1.1 General Introduction

The origins of this project can be traced back to my own difficulties in access-
ing concise and up-to-date overviews of the nationality law rules of the thirty-
five independent nation-states in the Western Hemisphere – that is, North,
South, and Central America as well as the Caribbean.1 It is well known that
States have traditionally been granted great autonomy under international law
to regulate nationality law as they saw fit,2 which has led to a startling diversity
of legal provisions and policies.3 Comparative work in the field has therefore
never been an easy feat, and it is further complicated by the fact that national-
ity laws usually reflect complex historical processes and are more often than
not only accessible in the original language (or in non-official translations).
The innumerable statuses under British nationality law illustrate the former
point well and are a concrete reflection of Britain’s complex colonial legacy.4
Yet, proof that information relating to the often technical field of nationality
law can nonetheless be presented in an accessible and user-friendly way is fur-
nished by the European Union Democracy Observatory on Citizenship (here-
after: eudo Citizenship, eudo, or the Observatory), an inter-disciplinary
academic network on nationality law founded in 2009. The innovative work of

1 ‘Western Hemisphere’ was considered the best short-hand for the purposes of this study,
although ‘American Hemisphere’ is also used. An alternative term would have been ‘the
Americas’, but this was considered slightly too vague since it might be misunderstood as
mainland America – thus excluding the Caribbean.
2 O. Vonk, Dual Nationality in the European Union. A Study on Changing Norms in Public and
Private International Law and in the Municipal Laws of Four eu Member States, PhD diss.
European University Institute (Leiden/Boston: Martinus Nijhoff Publishers, 2012), 35.
3 For the European context, see R. Bauböck et al., “Introduction”, in Acquisition and Loss of
Nationality, Policies and Trends in 15 European Countries, ed. R. Bauböck, et al. (Amsterdam:
Amsterdam University Press, 2006).
Less research has been done on other continents, but two studies deserve particular men-
tion: Ko Swan Sik, ed. Nationality and International law in Asian Perspective (Dordrecht/
Boston: Martinus Nijhoff Publishers, 1990); B. Manby, Struggles for Citizenship in Africa
(London: Zed Books, 2009).
4 Following Fransman, I mention British citizenship, British overseas territories citizenship,
British Overseas citizenship, British National (Overseas) status, British subject status, British
protected person status, and Commonwealth citizens. See L. Fransman, Fransman’s British
Nationality Law (West Sussex: Bloomsbury Professional, 2011), 293.

© koninklijke brill nv, leiden, 2015 | doi 10.1163/9789004276413_002


4 Chapter 1

the Observatory, resulting in recent years in a methodology that identifies


twenty-seven ‘modes of acquisition’ and fifteen ‘modes of loss’ of nationality,5
as well as seventeen ‘modes of protection against statelessness’,6 provides indi-
viduals, governments and other users with easy and up-to-date access to every
possible way of acquiring and losing citizenship in Europe.7 The European
statelessness database, in turn, includes information on the extent to which
citizenship laws provide sufficient protection against statelessness, in light of
the most important international standards, such as the 1954 un Convention
Relating to the Status of Stateless Persons and the 1961 un Convention on the
Reduction of Statelessness.
Read in conjunction with the above-mentioned databases, individual
eudo country reports, as well as numerous other complementary eudo publi-
cations, provide further insight into current and historical trends in the citizen-
ship laws of (at the time of writing) forty-one European countries. Nothing
comparable, however, can be found for the thirty-five nation-states of the
Western Hemisphere. Relevant information is scattered, not always available in
English, and consequently difficult to access. There also seem to be fewer legal
scholars publishing on nationality law in Latin America and the Caribbean, and
comparative nationality studies is clearly an even more neglected field.
In contrast, comparative citizenship law has attracted ever more attention
in Europe since the introduction of European Union (eu) citizenship by the
Maastricht Treaty in 1992.8 The fact that one becomes an eu citizen by acquir-
ing the nationality of an eu Member State, and that one can subsequently
settle as a Union citizen in any of the twenty-eight Member States, has led to a
growing interest in Europe to know more about the functioning of the Member
States’ respective nationality laws.
The lack of an overarching status like eu citizenship for the Western
Hemisphere has resulted in comparative citizenship law understandably

5 M. Vink, O. Vonk, and I. Honohan, “eudo Citizenship Database on Modes of Acquisition of


Citizenship in Europe” and “eudo Citizenship Database on Modes of Loss of Citizenship in
Europe”, (San Domenico di Fiesole: European University Institute, 2013).
6 O. Vonk, M. Vink, and G.-R. de Groot, “eudo Citizenship/unhcr Database on Protection
against Statelessness in Europe”, (San Domenico di Fiesole: European University Institute,
2013).
7 The terms nationality and citizenship are discussed separately later in this chapter (­section 2).
Let it suffice here to say that they will be used interchangeably in this study, as is also the case
for the terms national and citizen.
8 O. Vonk, Dual Nationality in the European Union, 66. See also F. Strumia, Supranational
Citizenship and the Challenge of Diversity: Immigrants, Citizens, and Member States in the eu
(Leiden/Boston: Martinus Nijhoff Publishers, 2013).
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Learning Objective 2: Problem-solving strategies and techniques
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Learning Objective 5: Comparative analysis and synthesis
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[Figure 8: Diagram/Chart/Graph]
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[Figure 14: Diagram/Chart/Graph]
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- Sub-point: Additional details and explanations
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Formula: [Mathematical expression or equation]
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Key Concept: Experimental procedures and results
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- Example: Practical application scenario
Important: Case studies and real-world applications
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- Example: Practical application scenario
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Definition: Key terms and definitions
• Critical analysis and evaluation
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Practice Problem 37: Study tips and learning strategies
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- Sub-point: Additional details and explanations
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[Figure 38: Diagram/Chart/Graph]
Key Concept: Experimental procedures and results
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Fundamental concepts and principles
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- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Conclusion 5: Practical applications and examples
Key Concept: Literature review and discussion
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- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 41: Diagram/Chart/Graph]
Important: Learning outcomes and objectives
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 42: Diagram/Chart/Graph]
Remember: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Current trends and future directions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Assessment criteria and rubrics
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- Example: Practical application scenario
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Formula: [Mathematical expression or equation]
Example 45: Problem-solving strategies and techniques
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Definition: Current trends and future directions
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- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Theoretical framework and methodology
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 50: Diagram/Chart/Graph]
Background 6: Assessment criteria and rubrics
Example 50: Interdisciplinary approaches
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Current trends and future directions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Critical analysis and evaluation
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 54: Diagram/Chart/Graph]
Key Concept: Current trends and future directions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 55: Diagram/Chart/Graph]
Key Concept: Learning outcomes and objectives
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Case studies and real-world applications
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Assessment criteria and rubrics
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Statistical analysis and interpretation
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 59: Diagram/Chart/Graph]
Key Concept: Experimental procedures and results
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Background 7: Current trends and future directions
Definition: Study tips and learning strategies
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Literature review and discussion
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Assessment criteria and rubrics
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 65: Diagram/Chart/Graph]
Definition: Assessment criteria and rubrics
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Interdisciplinary approaches
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 67: Current trends and future directions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Experimental procedures and results
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Best practices and recommendations
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 70: Diagram/Chart/Graph]
Topic 8: Research findings and conclusions
Definition: Study tips and learning strategies
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 71: Diagram/Chart/Graph]
Definition: Best practices and recommendations
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
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