CWR > Volume 3(2); 2017 > Articles
Research Paper
Published online: September 1, 2017
DOI: http://dx.doi.org/10.14330/cwr.2017.3.2.02
Towards Dual Nationality: China's Legal and Policy Initiative for Human and Capital Inflow and Promotion of Social Justice
Yin Liu
Huaqiao University Institute of Overseas Chinese Legal Affairs
HQU, Chenghua North Road 269# Quanzhou, Fujian 362021 P. R. China.
Corresponding Author: carollew@hotmail.com
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
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.
Keywords : Sole Nationality, Right to Nationality, Expatriation, Prohibition of Arbitrary Deprivation of Nationality, Dual Nationality
