Dual Nationality in Thai Law’s Perspective
Article Sidebar
Main Article Content
Abstract
International law has duly recognized that a state is allowed to provide its citizens with nationality in term of the reserved domain. In other words, each state is capable of acquisition and renunciation of nationality for its own citizens without any kind of intervention made by other states. Hence, whenever there is overlapping criteria governing acquisition of nationality, this leads to the status of dual nationality with the state.
In considering nationality under Thai law, a person acquires nationality by birth according to the principle of jus sanguinis and jus soli; or after birth by marriage or nationalization. Which may cause dual nationality because Thai law does not have provision that prohibit dual nationality.
This article aims to study about dual nationality under the perspective of Thai law where by demonstrating Thai law’s provisions regarding nationality, presenting related problems and facts that still occurs particularly in Thailand. And, giving suggestions to amend Nationality Act, B.E. 2508 for preventing dual nationality by birth and nationalization.
Article Details
References
Baron, Paula and Allan Ardill. “Changing Citizenships.” Griffith Law Review 19, no. 3 (2010): 353-354.
Brownlie, Lan. Principles of Public International Law. 6th ed. Oxford: Oxford University Press, 2003.
Craig, Forcese. “A Tale of Two Citizenships: Revocation for Traitors and Terrorists.” Queen’s Law Journal 39, no. 2 (2014): 551-586.
Funston, John. “Malaysia and Thailand’s Southern Conflict: Reconciling Security and Ethnicity.” Contemporary Southeast Asia 32, no. 2 (2010): 236.
Glazer, Nathan. “Dual Nationality: Threat to National Identity, or Harbinger of a Better World?.” Procedia Social and Behavioral Sciences 2, (2010): 6813-6821.
H. Legomsky, Stephen. “Dual Nationality and the New World of Multiple Allegiances.” In Defense of the Alien 24 (2001): 7-13.
J. Spiro, Peter. “Dual Citizenship as Human Right.” International Journal of Constitutional Law 8, no. 1 (2010): 113.
Jaturon Thirawat. International Law. 3rd ed. Bangkok: Winyuchon, 2555. [In Thai]
Jiraporn Ngamlertsuporn, Peeraporn Kaewrattanakorn, and Tassama Phothidee. Dual Nationality: Security Impacts Along Thailand-Malaysia Border. Bangkok: The Thailand Research Fund, 2550. [In Thai]
Lee, Chulwoo. Report on Citizenship Law: The Republic of Korea. European University Institute, Italy, 2017.
Maastricht University. “Global Dual Citizenship Database.” Accessed May 5, 2020, https://macimide.maastrichtuniversity.nl/dual-cit-database/.
Ministry of Foreign Affairs of the Kingdom of Thailand. “The Official Visit of the Prime Minister of Malaysia to Thailand.” Accessed May 11, 2020, http://www.mfa.go.th/main/en/news3/6885/95778-The-Official-Visit-of-the-Prime-Minister-of-Malays.html.
N. Shaw, Malcolm. International Law. 6th ed. Cambridge: Cambridge University Press, 2006.
Nationality Decrees Issued in Tunis and Morocco, Advisory Opinion, P.C.I.J., Series B, No.4 (1923); W. Benedek, Nationality decrees in Tunis and Morocco, in Encyclopedia of Public International Law 2, Decision of International Court and Tribunals and International Arbitrations, North-Holland Publishing Company, 1981, 197-198.
Prasit Piwawatthanaphanit. The Principle of Private International Law. 5th ed. Bangkok: Thammasat University, 2018. [In Thai]
Rudko, Mykola. “Regulation of Multiple Nationality by Bilateral and Multilateral Agreements.” Paper presented at the 2nd European Conference on Nationality “Challenges to National and International Law on Nationality at the be Ginning of the New Millennium,” Strasbourg October 8-9, 2001.
Spiro, Peter J. “Dual Citizenship as Human Right.” International Journal of Constitutional Law 8, no. 1 (2010): 113.
Yamin, Priscilla. American Marriage: A Political Institution. United States: University of Pennsylvania Press, 2012.