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II.
1.
to describe the category of citizenship, which carries rights under domestic law, such as that of abode. It
is no doubt administratively convenient and sensible to indicate in a passport (e.g. by category of citizenship) in which territory of a State any particular citizen has the right of abode, so that in the case of renvoi by a foreign state it may be easily seen to where he should be returned.
REASONING
Citizenship and Nationality
It is important to differentiate between the two terms, though both are sometimes used loosely. Many examples exist amongst the nations where different classes of those owing allegiance to a State have had differing political or other rights, such as that of abode. The leading writers and the cases define the term citizenship, properly used, as descriptive of the rights under domestic law of different categories of those who owe allegiance to a state, and who, in total, for the purposes of international law are described as its nationals.
(i)
(ii)
"The Nationality of an individual is his quality of being a subject of a certain State and therefore its citizen.......In general it matters not as far as the Law of Nations is concerned that Municipal Laws may distinguish between different kinds of subject..
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In the U.S.A........the term citizen is as a rule employed to designate persons endowed with full political and personal rights, while some persons (such as those belonging to territories and possessions which are not among the States forming the Union) are described as nationals. They owe allegiance to the U.S.A. and are U.S. nationals in the contemplation of International Law;
but they do not possess full rights of citizenship in the U.S.A. It is their nationality in the wide sense not their citizenship which is internationally relevant." : Oppenheim's International Law 8th Edn. (ed. Lauterpacht) p.p. 642-5.
"Nationality is a term of art used to denote the primary legal connection between an individual and a State, but it is an inconstant expression employed for different purposes in international and in municipal law." International Law by O'Connell p. 670.
(iii) ".....whole groups of persons may be nationals for
international purposes although not citizens for domestic purposes, as was held to be the case with the Jews of Roumania in Kahane v. Parisi and the Austrian State Am Dig 1929-30 case Bl. 享署 : O'Connell p. 671.
(iv) "Nationality is the principal link between individuals
and the benefits of the Law of Nations. This function of