Like Hagedorn and Thranhardt, Harris' examination underscores Germany's post-War transformation from an emigration country to an immigration country and how the misunderstood and misused concept of ethno-cultural belonging (jus sanguinis
) is used as a weapon against an expanding and evolving liberal immigration regime.
Until now, most German citizenship was granted only if one parent-usually the father-was a German, a vivid continuation of jus sanguinis
, which had been formalized in 1913 to withhold citizenship from Polish guest workers and East European Jews in the territories of the Reich.
Nationality Under International Law: Jus Sanguinis
, Jus Soli, and Hybrid Criteria
Rather than concluding that Rover was not a citizen under the jus sanguinis
citizenship statute because he was born out of wedlock, Acting Secretary of State Alvey Adee took the initiative to write to the Attorney General of New York, John Davies, to inquire whether, under New York law, a child born out of wedlock was legitimized by his parents' subsequent marriage.
republican model of jus soli citizenship than the ascriptive jus sanguinis
. The analysis concludes that legislation and public discourse about German citizenship politics have converged toward the French model during the 1990s.
Two legal principles govern the attribution of citizenship at birth: jus soli (by birthplace) and jus sanguinis
France, like many other countries, transmits nationality through jus sanguinis
(the law of the blood) to children of French nationals or through jus soli (the law of the soil) to those born in France.
This criterion of jus sanguinis
is very important to only 34 percent in Spain (12th) and to only 25 percent in the United States (18th).
Even a brief analysis of the United States's welcoming treatment of children born to American soldiers and their European "war brides" during World War II--and its resistance to marriages between American soldiers and their Asian girlfriends during that war, the Korean War, and the Vietnam War--demonstrates an essential point: the limitations on father-child jus sanguinis
citizenship for nonmarital children continued to be used to exclude nonwhite children from citizenship and thus served a racially nativist nation-building project.
Citizenship for these children would instead follow the jus sanguinis
, meaning citizenship by descent from a parent.
Debunking the Racist Myth: Immigration, Jus Sanguinis
, and Ascriptive National Identity.
While its bias is for jus sanguinis
(by blood ties) as seen from the enumerations of who are citizens of this country, there is absolutely no preclusion against a classification by jus soli (by place of birth).
The award of nationality to prevent statelessness for children born within a nation is now an international standard, widely adhered to in jus sanguinis
nations as well as in countries that have limited the reach of jus soli.
The legal possibilities of such rules include jus sanguinis
(citizenship by descent) and jus soli (citizenship by birthplace).
Justice Carpio and De Castro said she's stateless because we follow the rule of jus sanguinis
(right of blood).