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| | Jus soli - Wikipedia, the free encyclopedia |
 | | A minor, quite improper use of the term jus soli refers to the jurisdiction: in this case it would indicate that the law to use is the law of the nation-state in whose territory the evaluated fact happened. | | | Amendment of United States citizenship law to remove jus soli would require a Constitutional amendment. | | | Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality. |
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http://en.wikipedia.org/wiki/Jus_soli
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| | International Law - Terms and Phrases |
| | Jus gentium is one of two categories of law in formal Roman law, along with jus civile. | | | Jus civile is one of two categories of law in formal Roman law, along with jus gentium. | | | jus cogens - "compelling law," peremptory principles of international law that cannot be overriden by specific treaties between countries; that is: norms that admit of no derogation; they are binding on all states at all times (e.g., prohibitions on aggression, slavery, and genocide).. |
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http://www.people.virginia.edu/~rjb3v/latin.html
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| | Chapter 12: Citizenship |
| | The principle of jus soli was a tenet of the common law of England. | | | Similarly, in the United States the principle of jus soli generally was accepted as part and parcel of the common law inherited from England. | | | For example, children born in the United States to parents in the diplomatic service of the French government are subject to the jurisdiction of the French Republic, not that of the United States. |
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http://www1.umn.edu/humanrts/immigrationlaw/chapter12.html
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| | Wikinfo Cesidian law |
| | Jus cerebri electronici states that the owner of the server or client exercises higher title and jurisdiction because Roman law (jus sanguinis/jus soli) doesn't apply at all to the Internet, but rather Cesidian law (jus cerebri electronici). | | | Roman law (jus sanguinis/jus soli) in essence, which is also the basis of international law, does not apply to the Internet. | | | Therefore computers, servers, and computer networks like the Internet are not legal jurisdictions on which the powers of the state, including powers of regulation and taxation, can legally apply. |
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http://www.wikinfo.org/wiki.php?title=Cesidian_law
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| | CHANG & BOOS - IMMIGRATION LAW WEEKLY - DECEMBER 9, 1996 |
| | Recognition of jus soli appears in the Fourteenth Amendment which states that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. | | | The court ruled that the common law principle of jus soli had been adopted as the citizenship rule of this country at its inception and that the Fourteenth Amendment was intended to be a declaration of the pre-existing common law rule. | | | Wong Kim Ark also confirmed that the status of a person born in the United States was unaffected by the status of the person's parents, except in rare cases. |
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http://www.americanlaw.com/q&a57.html
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| | access to citizenship 4 |
| | Because jus soli connoted feudal allegiance, it was decided, against Bonaparte’s wish, that the new Civil Code of 1804 would grant French nationality at birth only to a child born to a French father, either in France or abroad. | | | In eighteenth-century Europe, jus soli was the dominant criterion of nationality law in the two most powerful kingdoms : France and United Kingdom. | | | When a legal tradition is perceived to fulfil state interest in terms of migration, or at least does not oppose to it, the core of the national legislation is maintained. |
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http://canada.metropolis.net/events/metropolis_presents/EU_speakers/weil2_e.htm
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| | Lalor, Cyclopaedia of Political Science, V.2, Entry 350, NATIONALITY: Library of Economics and Liberty |
| | Citizenship and nationality being equivalent terms, the acquisition of citizenship in the United States was determined from the outset by the common law of England, i.e., by the jus soli. | | | The Frankish jus soli remained the common law of Europe: nationality continued to be determined by the place of birth. | | | But it has the disadvantage of imposing nationality, in a certain number of cases, upon persons whom it is absurd to regard as members of the state in which they happen to be born. |
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http://www.econlib.org/library/YPDBooks/Lalor/llCy741.html
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| | Scholastic News - Election 2002 |
| | Two rules are used to determine citizenship by birth: (1) jus sanguinis ("law of the blood"); and (2) jus soli ("law of the soil"). | | | The amendment made the rule of jus soli (place of birth) a law for all U.S. citizens. | | | Because the young United States followed British common law, it accepted the rule of jus soli, or place of birth. |
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http://teacher.scholastic.com/scholasticnews/indepth/election_2002/citizenship.asp?article=citizenship
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| | Calvin's Case |
| | Calvin's Case led to what is today known in international law as the jus soli, the rule under which nationality is acquired by the mere fact of birth within the territory of a state. | | | And although the topic cannot be explored fully here, in the United States, I would argue, the two-century history of the rule of the jus soli, at common law and later in the Fourteenth Amendment, is further evidence that there were, in fact, two merican Revolutions. | | | One remarkable aspect of the feudal origins of the allegiance due from a subject is that, despite the commonality of feudal law across Europe, England would derive from this allegiance a judicial rule of the jus soli by historical accident. |
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http://www.geocities.com/b_rookard/calvins_case.html
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| | Jus sanguinis - Wikipedia, the free encyclopedia |
| | This is to avoid the creation of generations of overseas citizens with no real connection with the state, but still being able to claim rights such as immigration and protection from that state. | | | More recently these countries have begun to move more towards use of lex soli, partially under the influence of the European Convention on Nationality. | | | Jus sanguinis (Latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. |
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http://en.wikipedia.org/wiki/Jus_sanguinis
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| | Are there birth-rights in Switzerland? |
| | This is the exact opposite of jus soli, or “law of the soil”, which is applied in the United States and other countries with an Anglo-Saxon legal tradition. | | | This is referred to as jus sanguinis, or “law of the blood”, and is often applied in countries with a Germanic legal tradition. | | | A child born on Swiss soil is thus granted no particular birth-rights. |
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http://switzerland.isyours.com/e/immigration/citizenship/birth.html
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| | Lecture - Part 6 |
| | There is a constitutional basis for jus soli under the Fourteenth Amendment. | | | If the application is denied, the applicant may request an evidentiary hearing before an immigration officer and if that hearing results in a denial, he may seek review in the district court. | | | The current provisions contain the requirement that the citizen parent(s) meet some specified residence or physical presence requirement in the United States before the child’s birth. |
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http://www.osi.hu/fmp/html/lecture6.html
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| | Statelessness: Congressional Testimony |
| | Complicating the matter is the lack of uniformity among the nationality laws of various states, especially where a country operating under jus sanguinis principles refuses to grant citizenship to residents whose parents were natives of a primarily jus soli state. | | | Because States reserve the sovereign prerogative to determine, according to their laws, who is or is not their citizen, States are not consistent in the weight they accord to the various elements that establish effective links. | | | The result has been an emerging "gray zone" of de facto statelessness, encompassing everybody from de jure stateless persons with the possibility to apply for naturalization in another state to those whose right to citizenship in a state is hindered by excessive procedural obstacles. |
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http://www.amnestyusa.org/regions/americas/document.do?id=5E413BE9A7F29CD785256FF00064206A
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| | Philippine Embassy - London - Frequently Asked Questions |
| | Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state). | | | Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. | | | A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (eg, the United States) is a dual citizen. |
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http://www.philemb.org.uk/faqs.html
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| | Simplifying Citizenship |
| | The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. | | | A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. | | | Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli. |
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http://www2.msstate.edu/~lmc14
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| | Why Poe is a natural-born Filipino - Feb. 25, 2004 |
| | It is only in the 1987 Constitution that dual allegiance is prohibited, which means that the jus soli principle is expressly abandoned. | | | Neither would the ambivalence of the Supreme Court in June 1940 do. | | | The jus soli principle was abandoned by the Supreme Court only on Sept. 30, 1939, in the case of Chua vs Secretary of Labor, GR No. L-46451, 40 OG 2nd Supp. |
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http://www.inq7.net/opi/2004/feb/25/letter_2-1.htm
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| | CHANG & BOOS - U.S. CITIZENSHIP BY BIRTH IN THE UNITED STATES |
| | The English common law rule, under which a person's citizenship was determined by the place of his birth, was known as jus soli. | | | The Fourteenth Amendment does not define the "United States". | | | The constitutional rule of jus soli has been construed generously and almost always has endowed all persons born in the United States with United States citizenship. |
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http://www.americanlaw.com/citborn.html
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| | Dual Nationality - United States Mission to Germany |
| | There are exceptions under present law, however, and have been many in the past. | | | A non-American can become an American citizen at some time after his/her birth through the naturalization process, i.e., by applying for U.S. citizenship and satisfying certain legal requirements. | | | A person may be born a U.S. citizen by either jus soli, i.e., through place of birth, or jus sanguinis, i.e., through descent from his/her parents. |
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http://www.usconsulate.de/germany/services/dual_nationality.html
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| | International Organizations & Law |
| | "It is the position of the United States that neither the state practice identified by, nor the legal standards cited by the Report are sufficient to establish either a customary or jus cogens prohibition of the execution of juvenile offenders." | | | "Although the Constitution of the Dominican Republic provides for a jus soli approach to nationality, there has been a practice of not granting automatic citizenship to Haitians born on its soil." | | | The international law principle--now generally rejected--that permits a state to claim the territory it occupies at the end of a war. |
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http://faculty.pepperdine.edu/rwilliam/posc546/latin.htm
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| | International Migration Policy Program Breakfast Briefing |
| | Furthermore, such application is in keeping with the United States' constitutional character and has eliminated the possibility of a "hereditary caste of permanent aliens." | | | Unlike many European countries, the United States has avoided the "second-generation immigrant problem" because it has no second-generation aliens. | | | The United States follows jus sanguinis principles for children born to U.S. citizens outside its territory and follows the principle of jus soli for those born within its borders. |
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http://www.ceip.org/programs/migrat/brfcitizen.htm
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| | ACA position paper on citizenship |
| | Another option is for the expectant mother to get on an airplane to fly to the United States before each birth to qualify under the "jus soli" rules. | | | The first is "jus soli", an Anglo-Saxon concept, that is used by Great Britain, the United States, and others. | | | Under "jus sanguinis" the nexus that is recognized by the law is the link between the parent and the child. |
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http://www.aca-ch.ae.psiweb.com/ppcitiz.htm
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| | Yale Law School @YLS "No Stranger To Rights"--A Commentary by Prof. Peter Schuck |
| | The U.S., however, has the most expansive version of jus soli citizenship, extending it even to the native-born children of illegal aliens and temporary visitors, however briefly either the mother or the native-born child is here--in Hamdi's case, not very long. | | | Under the principle of jus sanguinis [law of descent], foreign-born children of an American parent can often acquire citizenship without meeting even these standards. | | | For those not born in the U.S., naturalization is also relatively simple, requiring only five years' legal residency [three if married to a citizen], good moral character, and the most rudimentary knowledge of the English language and American government. |
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http://www.law.yale.edu/outside/html/Public_Affairs/534/yls_article.htm
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| | Who goes where? |
| | When governments decide whether or not to grant such people citizenship, they apply two doctrines which have their origin in Roman law, one based on place of birth, the other on descent. | | | This model, of which Sweden, the United States, Canada and France are examples, is based on the conviction that cultural diversity is not an obstacle to integration. | | | The first, known by its Latin name jus soli (literally "right of the soil") is applied by countries that are traditionally favourable to immigration. |
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http://www.unesco.org/courier/1998_11/uk/dossier/txt21.htm
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| | Children of a Lesser State: Sustaining Global Inequality through Citizenship Laws |
| | First, I elucidate the basic principles of birthright citizenship attribution: jus soli and jus sanguinis, drawing on a set of examples taken from recent American, Canadian, German, and Israeli case law and legislation. | | | Third, I identify prevalent defenses of the jus soli and jus sanguinis principles, including arguments premised on democratic self-governance, administrative convenience, and respect for constitutive relationships and distinct cultural identities. | | | These approaches fail to address the detrimental effects that current membership rules impose on the life chances of children (across national borderlines) "because of birthright" - involuntary circumstances that none of us control. |
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http://ideas.repec.org/p/erp/jeanmo/p0140.html
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| | Embracing Dual Nationality |
| | Thus, for example, the child borne of French citizens in the United States will be a birthright dual French-American citizen. | | | The United States applies a strict rule of jus soli, under which all children born in the territorial United States (save those of diplomats) are extended citizenship at birth. | | | Whereas in the past a woman marrying a foreigner would as a general rule automatically lose her original citizenship and assume that of her husband (true under US law until 1932), both husbands and wives are now entitled to retain their original citizenship and in many cases to also acquire that of their spouse. |
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http://www.ceip.org/programs/migrat/migspiro.htm
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| | Print news - IPS Inter Press Service |
| | But Communist Party lawmaker Antonio Felipe maintains that "many second-generation cases will not be resolved, because of the strict criteria." | | | The principle of jus sanguinis is applied in most of the bloc, but four of the 25 member countries have adopted the jus soli principle with regard to the children of legally documented immigrants. | | | France has the most liberal policy in all of the EU. |
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http://www.ipsnews.net/print.asp?idnews=29526
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| | FindLaw's Writ - Mariner: Illegal Immigration, Sovereignty, And Citizenship |
| | The Dominican authorities justify their failure to respect the constitutional rule of citizenship by birth -- a rule known under international law as jus soli -- by relying on another clause in the Dominican Constitution. | | | Carving out a narrow exception to the general rule that all persons born on the territory are citizens, the constitution provides that citizenship does not extend to the legitimate children of foreign diplomats or to the children of foreigners who were "in transit" in the Dominican Republic at the time of the birth. | | | Later in a child's life, the obstacles to obtaining proof of citizenship become progressively more onerous. |
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http://writ.corporate.findlaw.com/mariner/20020401.html
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| | Migration Information Source - Defining 'Foreign Born' and 'Foreigner' in International Migration Statistics |
| | In the United States, where the citizenship policy is predominantly jus soli, "foreign persons" refers to all foreign born in the resident population and includes both naturalized citizens and non-citizens. | | | Depending on whether the citizenship policy of a country is predominantly jus soli or jus sanguinis, the term "immigrant" can include very different categories of people. | | | However, who is included in the category of "foreign persons" will depend on whether the dominant citizenship policy of a country is jus soli or jus sanguinis. |
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http://www.migrationinformation.org/Feature/print.cfm?ID=34
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| | No Jus Soli in DR for non-Jus soli granting states - DR1 Forums |
| | Even if Haiti grants Jus Soli, it doesn't matter, if one state getts flooded with people from another state on the same island, there shouldn't be jus soli on both states !! | | | No Jus Soli in DR for non-Jus soli granting states | | | No Jus Soli in DR for non-Jus soli granting states - DR1 Forums |
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http://www.dr1.com/forums/showthread.php?t=42970
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| | Pigilito says...: Loss of US citizenship |
| | Jus Sanguinis is the principle of citizenship by descent. | | | Jus Soli is the principle that citizenship is conferred by the place of one's birth. | | | My father was not required to give up his Swiss citizenship upon naturalization, so I got it through him. |
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http://pigilito.blogspot.com/2005/11/loss-of-us-citizenship.html
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| | NCHR - Haitians in the Dominican Republic - Report: Legal Status Under Dominican Law of Dominicans of Haitian Descent |
| | Article 11 of the Dominican Constitution makes an exception to the jus soli rule on nationality for those individuals born in the country to persons "in transit." | | | Based on the principle of jus soli and the Dominican Constitution, the Inter-American Commission, echoing the conclusions of eminent Dominican jurists, has concluded that non-transient persons born in the Dominican Republic are Dominican nationals. | | | The Dominican Constitution confers Dominican nationality on "all persons born in the territory of the Republic." |
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http://www.nchr.org/hrp/dr/report_status_descent.htm
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| | PINOYexpats |
| | Acquisition by application is generally by (b.1) naturalization, but in some countries it can also be by (b.2) registration. | | | Under British law, “automatic acquisition” of British citizenship is based on the principle of jus soli, as well as the principle of jus sangunis. | | | Automatic acquisition is often based on two principles: (a.1) jus soli (automatic acquisition because of the soil, i.e., birth in the territory of the country), or (a.2) jus sangunis (automatic acquisition because of blood, i.e., birth to parents who are citizens of the country). |
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http://pinoyexpats.org/php-pinoyexpats/php-article.php?index=152
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| | American Political Culture |
| | jus soli – most American citizens are born citizens | | | Anyone born on U.S. soil is a citizen |
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http://www.tamiu.edu/~jnorris/AmPolCult.htm
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| | Citizenship and Naturalization policy in France and Germany: |
| | The purpose of this Red-Green coalition is to lead to the creation of a modern and adjusted citizenship law. | | | At that time, the § 4 of the nationality law, which originally contained only the jus sanguinis principle for German descendants, was amended with the paragraph: | | | Consequently, socialist prime minister, Lionel Jospin, referred in his Declaration of Government to the French republican myth when he announced the reintroduction of the jus soli principle: |
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http://www.spaef.com/GPS_PUB/1_3_1_hagedorn.html
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| | Re: Jus soli and Jus Sanguinis and Nationalism |
| | I do not believe in this stuff about "blood" making someone who he is. Any in case, it is my opinion that it does not matter where one came from (or his ancesters for that matter). | | | In Reply to: Jus soli and Jus Sanguinis and Nationalism posted by Bohdan A. Oryshkevich on March 29, 2001 at 14:19:40: | | | Re: Jus soli and Jus Sanguinis and Nationalism Bohdan A. Oryshkevich 14:58:58 03/29/01 ( |
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http://www.brama.com/survey/messages/9507.html
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| | Jus Soli Winery Maker of mighty fine Pinot Noir, Syrah and Zinfandel wines |
| | Come see us in SF on Jan 28th, 2006 at ZAP's 15th Annual Zinfest. | | | Check out a couple to see what you'll be getting yourself into. | | | As natives of Sonoma County, we at Jus Soli Winery see a parallel between the soil that nourishes our grapes and the land that connects us in friendship and inspired this collective winemaking endeavor. |
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http://www.jussoli.com
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| | Personal page for Amit Mukerjee |
| | Amitabha Mukerjee, also known as Khuto, is Thai by birth (jus soli), Bangladeshi by descent (jus sanguinis), first attended school in Iraq, and then in Switzerland, and earned his first stipend in New Zealand before coming to the USA for graduate studies. | | | Somewhere en route, rather mysteriously, he became a very pucca Indian. |
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http://www.cs.albany.edu/~amit/personal.html
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| | Punt Wines - Syrah/Petite Sirah Wines |
| | Rhone Ranger cognescenti were unfamilar with Jus Soli at the Rhone Ranger tasting on Saturday since this was a first release for them. | | | However, it didn't take long for people to nudge each other and say, "check out these guys." Beautiful red fruits, generous mouthfeel, with herbal, mineral notes. |
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http://puntwines.com/wine_syrah.html
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