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1984]
NATIONALITY LAW OF THE PRC
289
on Conflict of Nationality Laws (1980), which states that “a person having two or more nationalities may be regarded as its national by each of the states whose nationality he possesses.”**
Dual nationality is prevalent among overseas Chinese in Southeast Asia. This results primarily from conflicts between the nationality laws of China and those of the countries where overseas Chinese reside, re- ferred to as "host countries." China's historical use of the principle of jus sanguinis and her refusal to recognize denaturalization without government consent were the direct antithesis to the broad application of the doctrine of jus soli used by most of the host countries.** With the emergence of post-war nationalism in Southeast Asia, the large number of Chinese dual nationals in the region has caused numerous international controversies and frequent tension between China and the host countries over the allegiance of these dual nationals, a situa- tion exacerbated by the Huachiaos domination of the local economies."
In the past the PRC has consistently advocated the principle of nonrecognition of dual nationality in order to promote friendly rela- tions with the Association of Southeast Asian Nations (ASEAN) and to eliminate unhealthy suspicions between its member governments and resident Huachiaos. Espousing the principle, however, does not in it- self solve the fundamental problem of dual nationality. This can only be accomplished through direct measures to reduce its occurrence.
T.S. No. 43 (1963).
29. The 1930 Hague Convention on the Conflict of Nationality Laws, supra note 27. This Convention can also be found in The Law of Nations: Cases, Documents, AND Notes 166 (H. Briggs ed. 1938). China's support of international conventions is also il- lustrated by her efforts to reduce the incidence of statelessness. See U.N. International Covenant on Civil and Political Rights, 21 U.N. GAOR Supp. (No. 16) at 49, art. 24.3, U.N. Doc. A/6316 (1966); U.N. Convention on the Reduction of Statelessness, 9 U.N. GAOR Supp. (No. 21) at 49, U.N. Doc. A/2890 (1954); U.N. Convention Relating to the Status of Stateless Persons. 17 U.N. ESCOR Supp. (No. 1) at 12, U.N. Doc. E/2596 (1954); U.N. Universal Declaration of Human Rights, 3 U.N. GAOR Supp. pt. I at 49, V.N. Doç. A/2890 (1948).
Article 6 of the 1980 law expressly awards Chinese nationality to children born in China of stateless parents, or parents with uncertain nationality, Chinese nationality is also awarded to children born in China if at least one parent is a Chinese national (art. 4). Lastly, automatic loss of Chinese nationality only occurs after a foreign nationality has been obtained and the individual concerned resides abroad (art. 9).
30. For a brief examination of the nationality laws of major Asian countries, see G. JAN, NATIONALity and Treatment of Overseas Chinese in Southeast Asia (1960) (un- published dissertation, New York University). For an overview of Malaysian and Sin- gaporean nationality laws, see A. Maini, British Nationality (The Report of a Work- ing Party) (1980).
31. See G. Jan, supra note 30, at 36. See also Yee, supra note 2; Tasker, The Roots of the Problem, 120 Far E. Econ. Rev. 18 (1983).
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