Reflections on “some” returning to nationality provisions: A comparative study

Abstract

Objectives: The subject of returning to nationality is governed by the rule of the states’ freedom to regulate their nationality law. Consequently, the regulation of this matter varied between the states. This study raised several questions, including: what is the concept of nationality? What is the judicial position with returning to one’s nationality? To what extent does nationality laws of Kuwait, Saudi and Oman differ regarding women returning to nationality as well as for children upon becoming adults? Method: The study followed the descriptive approach explaining the concept of returning to nationality and its two types. The study also adopted the comparative analytical approach of returning to nationality for women and for under-age children upon turning adults. Results: The study came up with many conclusions, the most important of which was that the nationality is a matter of sovereignty unless stained with illegitimacy. Also, regaining nationality is a way of returning to nationality for losing it by change, while it cannot be applied to nationality stripping cases. Conclusion: The researchers concluded with a set of recommendations, the most important of which were to amend the requirement of renunciation of foreign nationality to be subsequent to the issuance of returning to nationality decision, in order to avoid statelessness. The study also recommended repealing of article 12 of the Kuwaiti Nationality Act, for absence of its legislative cause and for similarity to article 11, in terms of conditions, effect and legal instrument.