22-JAN-1991 14:52
DIRECTOR OF ADM.
OTI
1984]
NATIONALITY LAW OF THE PRC
291
birth plus Chinese parentage determines nationality. The third case is a modified application of jus soli employed to reduce statelessness.
The first method for acquiring nationality by birth could actually lead to the undesirable result of a child born stateless. For example, if a child were born in China to foreign parents whose nation adheres purely to the doctrine of jus soli, the child would receive neither coun- try's nationality because, under article 4, birth on Chinese territory would not confer Chinese nationality on the child. Since China has never been a country of immigrants and has always shared the tradi- tional view that permanent allegiance is a basic criterion for conferring nationality, it is justified in not extending Chinese nationality to the child in the above predicament. Reduction of statelessness in such a situation is a question for resolution by the cooperative efforts of the international community, in particular the country of the parents. The just and humane solution would be for the international community and the foreign state to extend a remedy to the stateless child. It is the responsibility of the parents' state and the international community to rationalize nationality laws to prevent such a situation from occurring.
The second method of acquiring nationality at birth, pertaining to children born abroad, codifies the PRC's policy of nonrecognition of dual nationality." The law moves a step closer towards the realization of this policy; it eliminates the acquisition of dual nationality at birth by denying Chinese nationality to the child if his parents are settled abroad.
At first glance, this denial of Chinese nationality deprives the child of the freedom to choose nationality, which in some countries is a right." Upon closer examination, however, Chinese nationality is avail- able to the child through naturalization; one of the primary criteria for naturalization in China is that the person seeking naturalization is a "close relative" of Chinese nationals, and a child's Chinese parents cer tainly qualify as "close relatives."
The third method for acquiring nationality at birth applies to chil- dren born of parents who are both stateless or of uncertain nationality and permanently settled in China (article 6). Even though China can- not be expected to give nationality to a child whose parents have only a tenuous connection with China, requiring the child's parents to be permanently settled in China seems rather harsh, considering the like- lihood that the parents' residency in China is transient. China's Na- tionality Law, however, does exhibit a sincere effort to reduce the inci-
38. See Gong, supra note 20.
39. See U.N. International Covenant on Civil and Political Rights, supra note 29, art. 24.3.