The idea of ‘citizenship’ traces back to the Greek city-states and means the membership to a political corporation of equal individuals. The term ‘nationality’ is ambiguous. On the one hand, ‘nationality’ is understood as the bond that ties a State to each of its members – thus, it means a political and legal membership and in so far it can be considered a synonym to citizenship. But in distinction to the old notion of ‘citizenship’, the idea of ‘nationality’ was developed in the nineteenth century and it is connected with the political theory of the nation-state. On the other hand, ‘nationality’ is a sociological concept, identifying the bonds between an individual and a nation, not a state. In this context, belonging to a nation is not due to legal norms but it results from a certain cultural unity, race, common language, beliefs of history and the wish for political self-determination. Event though there is no and there cannot be an exhaustive definition of nation but the mentioned criteria are often cited as examples for elements of a nation. Sometimes nationality is seen even more generally, as emotional attachment of members to a community.

 

Even in actual State practice, the terms ‘nationality’ and ‘citizenship’ are not always synonymous. Some Latin American countries confer an unbreakable bond of nationality to their born nationals while citizenship may be renounced and acquired elsewhere (e.g. Argentina, Panama and Venezuela).

Another often cited example is the distinction of citizens and nationals in the U.S.. According to Section 101(a)(22) INA all U.S. citizens are at the same time U.S. nationals but people born at American Samoa or Swains Island are American nationals without being U.S. citizens (Section 308 together with Section 101(A)(29) INA). They have a so called ‘non-citizen national status’.

Nonetheless, for the practical use of these terms it may be sufficient not do differentiate between ‘nationality’ and ‘citizenship’. It is however worth knowing the difference.

 

by Daniel Naujoks

 

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