Law of the Soil

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Law of the Soil

A citizenship law stating that all or nearly all persons born in the physical jurisdiction of a state are citizens of that state. That is, under the law of the soil, the citizenship of one's parents is irrelevant. What matters is where one is born. The United States is a major example of a country abiding by law of the soil. Some countries also follow the law of blood in addition to the law of the soil.
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There may be different logics behind naturalization in states that follow different citizenship principles, with jus soli states emphasizing period of residence and jus sanguinis states often favoring criteria related to national and "cultural" belonging.
However, states that have adopted jus soli citizenship often also grant citizenship to children bom to citizens while outside of state territory.
Oftentimes countries that practice jus soli also recognize jus
48), while around one hundred sixty refuse the use of jus soli (49).
Italy can prosper and grow as a multicultural nation but it has to adopt multicultural policies and has to start challenging old views that tend to favour jus sanguinis over jus soli.
Prior to the 2010 Amendments, the Constitution of the Dominican Republic granted nationality under a fairly generous jus soli regime.
Though the 2010 amendments recognized the Dominican nationality of persons born during the jus soli regime, Haitian descendants complained that Dominican state authorities consistently denied birth certificates to their children who were born in the Dominican Republic.
The often simplified definition of two citizenship models is Jus sanguinis in Germany and Jus soli in the USA or France.
In France, after having won the elections in June 1997, the Socialists declared the "reintroduction" of the jus soli (it has never been abolished but only modified) as one of their priority projects.
This Article documents the various ways in which statelessness already occurs in the United States, and it also explains in detail why statelessness will increase under a limited jus soli.
The pure form of jus soli in theory minimizes statelessness because the location of one's birth is generally easier to prove than is the nationality of one's parents (and often the nationality of a parent of a parent).
Without conceding the authority of Congress to change the rule of jus soli, this Article will use as an example the Birthright Citizenship Act of 2013 (H.