As this expert pointed
out, the complicated issue of dual
nationality does not arise from two countries that one has derived his
but from a third country that has become involved in
nationality from,
protection. This expert
96
points out as far as the two Countries
concerned, the problem is simple. The country in which the person is
residing would have the jurisdiction to rule. But once a third country
has become involved, the person becomes a problem deciding which of
these two countries should be taken as his prior nationality. This
expert points out there are many ways of making the decision for him.
Very often the decision made is primarily based on the individual right
to choose one of the two countries. But this method of deciding is bias
and one sided; nationality also concerns national interest and
sovereignty. Therefore, nations should be given priority when consider
nationality issues. After examining various contending theories and
conflicting practices, this expert stated he prefers the theory and
practice of choosing nationality based on one's mental state behavior,
one's birth place as а permanent residence, and one's place for
political rights and economic activities. To conclude, this expert
feels that, despite the existence of dual nationality in law, only one
nationality exists in fact.
It is quite difficult to judge how influential this expert could be
over the realm of real politics. But judging from the publication
practices in China, the views of this expert should be close to official
especially this book was published in 1979, when
minds in Peking,
nationality law was widely discussed and enacted on. It was published
at
the time when China had been quarreling with Vietnam over the issue
of nationality for ethnic Chinese in Vietnam, and further, as she made a
strong effort to reactivate her Overseas
disintegrated during the Cultural Revolution.
Chinese policy,
badly
Under this circumstances,
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