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Topic: Jus soli


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In the News (Mon 4 Jun 12)

  
  Jus soli - Wikipedia, the free encyclopedia
Jus soli (Latin for "right of the territory"), or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state.
A frequent exception to lex soli is imposed when a child was born to a parent in the diplomatic or consular service of another state, on a mission to the state in question.
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.
en.wikipedia.org /wiki/Jus_soli   (683 words)

  
 Jus sanguinis - Wikipedia, the free encyclopedia
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.
Italy, possibly alone in this respect, bestows citizenship jus sanguinis for all descendants of an Italian citizen where that citizen was born after 1861, being the date of creation of the modern Italian state.
Another constraint is that each descendant of the ancestor through whom citizenship is claimed jus sanguinis can pass on citizenship only if they were a citizen at the time of the birth of the person to whom they are passing it.
en.wikipedia.org /wiki/Jus_sanguinis   (545 words)

  
 access to citizenship 4   (Site not responding. Last check: 2007-11-04)
It automatically attributed jus soli to children born in the UK of a British citizen or of a non-British permanent resident born in the UK.
In addition to double jus soli, a child born in France to foreign parents born abroad, becomes French not at birth but at the age of majority, unless he or she expresses the wish to remain a foreigner (Weil, 2000).
Jus sanguinis was reinforced in 1913 in a context in which Germany had become a country of emigration and of emigrants.
canada.metropolis.net /events/metropolis_presents/EU_speakers/weil2_e.htm   (4838 words)

  
 International Law - Terms and Phrases
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)..
jus soli - the "law (or right) of the soil" - the legal principle that an individual's nationality is determined by that person's place of birth (that is, the territory of a given state)
www.people.virginia.edu /~rjb3v/latin.html   (1478 words)

  
 Jus cerebri electronici at opensource encyclopedia   (Site not responding. Last check: 2007-11-04)
Jus cerebri electronici states that the jurisdiction under which a server or client falls is not determined by the territory on which the server lies, or even the territory on which it was built, but by the hypercitizenship or citizenship of the owner of the server or client.
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).
Jus cerebri electronici shows what has been known for a long time by Western civilisation: the province of the territorial state is territory, and territory alone.
www.wiki.tatet.com /Jus_cerebri_electronici.html   (360 words)

  
 jus soli and jus sunguinis : Philippines : Gov.Ph : Forum   (Site not responding. Last check: 2007-11-04)
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www.gov.ph /forum/thread.asp?rootID=48279&catID=9   (307 words)

  
 Chapter 12: Citizenship   (Site not responding. Last check: 2007-11-04)
The principle of jus soli was a tenet of the common law of England.
Jus sanguinis was the rule of civil law countries in Europe which determined an individual's citizenship at birth by the citizenship of his or her parents.
The principle of jus soli was codified in the Fourteenth Amendment of 1868.
www1.umn.edu /humanrts/immigrationlaw/chapter12.html   (16183 words)

  
 Migration Information Source - Defining 'Foreign Born' and 'Foreigner' in International Migration Statistics
Thus, in a jus soli context, the term "foreign born" refers to residents of a country who were born in another country.
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.
In Germany, where a jus sanguinis policy dominates, "foreign persons" generally refers to anyone in the resident population who is a non-citizen and not of German descent, that is, both foreign-born and native-born foreigners who have not naturalized.
www.migrationinformation.org /Feature/print.cfm?ID=34   (1554 words)

  
 Why Poe is a natural-born Filipino - Feb. 25, 2004   (Site not responding. Last check: 2007-11-04)
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.
Since at the time of Poe's birth on Aug. 20, 1939, the jus soli principle was the prevailing rule observed by the Supreme Court, then there is no doubt that FPJ is a natural-born Filipino citizen.
The subsequent abandonment of the jus soli principle by the Supreme Court on Sept. 30, 1939, could not have deprived the then barely month-old Poe of his political status as a natural-born Filipino citizen that he already earned in a second upon his birth.
www.inq7.net /opi/2004/feb/25/letter_2-1.htm   (351 words)

  
 ACA position paper on citizenship   (Site not responding. Last check: 2007-11-04)
Under "jus sanguinis" the nexus that is recognized by the law is the link between the parent and the child.
No principle, other than "jus sanguinis", needs to be invoked for human rights to be transmitted equally and ubiquitously, unless, of course, a government chooses to endow only expatriates of one sex with this "jus sanguinis" right.
In "jus soli" countries the nexus recognized by the law is that between the child and the location of birth.
www.aca-ch.ae.psiweb.com /ppcitiz.htm   (1958 words)

  
 Lalor, Cyclopaedia of Political Science, V.2, Entry 350, NATIONALITY: Library of Economics and Liberty
If now the jus soli was to be set aside in respect to this class of persons; if the children of English subjects, wherever born, were to be regarded as Englishmen; then the same rule, the jus sanguinis, should have been applied to the children of aliens born in England.
The abrogation of the jus soli would have made children of aliens, born and brought up in England, incapable of holding land; and the expatriation of an English subject would have entailed the forfeiture of his real property.
All modern states, even those which apply the jus soli within their respective territories, claim as citizens the children of citizen parents born abroad.
www.econlib.org /library/YPDBooks/Lalor/llCy741.html   (13736 words)

  
 PINOYexpats
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).
The Philippines does not follow the principle of jus soli, and thus an individual whose parents are foreigners is not a Philippine citizen even though he was born in the Philippines.
The principle of jus soli applies (that is, a child born in the UK automatically acquires British citizenship) provided one parent is a British citizen or “settled” in the UK.
pinoyexpats.org /php-pinoyexpats/php-article.php?index=152   (1333 words)

  
 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").
On the other hand, the rule of jus soli says that children are citizens of the nation in which they are born, no matter what the parents' nationalities are.
As early as 1790, Congress recognized the rule of jus sanguinis, or blood relationship, by passing laws giving citizenship to a child born in a foreign country if the father was a citizen of the United States.
teacher.scholastic.com /scholasticnews/indepth/election_2002/citizenship.asp?article=citizenship   (1844 words)

  
 Simplifying Citizenship   (Site not responding. Last check: 2007-11-04)
In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.
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.
Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents).
www2.msstate.edu /~lmc14   (306 words)

  
 Pol 4881
jus cogens - peremptory principles of international law that cannot be overriden by specific treaties between countries.
jus soli -- the law of the soil - Being born in the territory of a state as the basis for nationality (contrast to jus sanguines).
jus sanguines -- the law of descent - being the descendent of a national as the basis for nationality.
www.polisci.umn.edu /courses/spring2001/4881/latin-terms.html   (734 words)

  
 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.
France, though often viewed to have employed a rule of the jus soli in the period contemporary with Calvin's Case,n277 in reality employed a combination of both the jus soli and the jus sanguinis [*125] similar to Italian definitions of natural citizenship.
The surprising point, then, is that the rule of the jus soli established by Calvin's Case was adopted and continued in the early history of the United States, at a time when, politically, no one intended to accord equal citizenship rights solely on the basis of birth within the territory.
www.geocities.com /b_rookard/calvins_case.html   (18318 words)

  
 Philippine Embassy - London - Frequently Asked Questions   (Site not responding. Last check: 2007-11-04)
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 one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports.
www.philemb.org.uk /faqs.html   (2041 words)

  
 Print news - IPS Inter Press Service
The current legislation is based on the principle of "jus sanguinis" (right of blood, in Latin), whereby nationality or citizenship is determined by the nationality or citizenship of one's parents.
The government of Socialist Prime Minister José Sócrates, who took office in March, plans to introduce the principle of "jus soli" (right of the soil) for third-generation immigrants, meaning that Portuguese citizenship will be granted to children born in Portugal whose parents were also born in Portugal, but whose own parents were foreigners.
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.
www.ipsnews.net /print.asp?idnews=29526   (1026 words)

  
 CHANG & BOOS - U.S. CITIZENSHIP BY BIRTH IN 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.
The jus soli rule was repeated in the Nationality Act of 1940.
The general rule of jus soli is not universally applied to persons born in United States possessions or former possessions including: Puerto Rico, Virgin Islands, Guam, American Samoa and Swains Island, Canal Zone, Philippine Islands, the former Trust Territories (including Micronesia, The Marshall Islands, Palau, and the Northern Marianas).
www.americanlaw.com /citborn.html   (907 words)

  
 New Fifth World Terminology
Fifth World citizenship, which is not passive, but active, based on the jus cerebri electronici, not jus sanguinis or jus soli.
Jus cerebri electronici states that the jurisdiction under which a server or computer falls is not determined by the territory on which the server lies, or even on which it was built, but by the hypercitizenship or citizenship of the owner of the server or computer.
Jus cerebri electronici states that the owner of the server or computer exercises higher title and jurisdiction because Roman Law (jus sanguinis/jus soli) doesn't apply at all to the Internet, but Cesidian Law (jus cerebri electronici).
cyberterra.com /5W/Articles/5WTerminology1.html   (614 words)

  
 Dual Nationality - United States Mission to Germany   (Site not responding. Last check: 2007-11-04)
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.
A person may be born a German citizen by either jus sanguinis, i.e., through descent from his/her parents, or jus soli, i.e., through place of birth.
A child born to an American parent and a German parent acquires both American and German citizenship at birth, regardless of place of birth, if the parents satisfy the jus soli or jus sanguinis requirements of their respective countries.
www.usconsulate.de /germany/services/dual_nationality.html   (1173 words)

  
 CHANG & BOOS - IMMIGRATION LAW WEEKLY - DECEMBER 9, 1996   (Site not responding. Last check: 2007-11-04)
This doctrine, known as jus soli, is derived from British common law.
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.
www.americanlaw.com /q&a57.html   (245 words)

  
 Jus Soli Winery | 2002 Mendocino County Pinot Noir   (Site not responding. Last check: 2007-11-04)
To those of us getting our first real taste of winemaking, our inaugural Jus Soli wine provided quite an introduction to the long and unique journey that each wine takes from vine to bottle.
This is a perfect wine to pair with lighter foods but flavorful and delicate enough to enjoy on its own.
Jus Soli Winery, PO Box 187, Kenwood CA, 95452
www.jussoli.com /wines/pinot-noir/2002-mendocino.php   (201 words)

  
 Foreign Phrases and other Terminology
jus cogens -- Peremptory principles of international law that cannot be overridden by specific treaties between countries.
jus soli -- The law of the soil.
Being born in the territory of a state as the basis for nationality (contrast to jus sanguines).
www.gwu.edu /~jaysmith/Latin.html   (537 words)

  
 Lecture - Part 6   (Site not responding. Last check: 2007-11-04)
There is a constitutional basis for jus soli under the Fourteenth Amendment.
Jus Sanguinis requires that one or both parents be citizens at the time of the child’s birth.
When United States citizens are simultaneously citizens of other countries, it is usually because they acquired both citizenship at birth - one by jus soli and the other by jus sanguinis, or both by jus sanguinis.
www.osi.hu /fmp/html/lecture6.html   (500 words)

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