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Beyond Citizenship by Descent: Rethinking Admission to Citizenship

Citizenship
National Identity
Political Theory
Family
Immigration
P019
Lois Harder
University of Alberta
Lois Harder
University of Alberta

Thursday 09:00 - 10:40 (08/09/2016)

Building: Faculty of Law Floor: 3 Room: FL305

Abstract

This panel seeks to examine normative justifications for existing practices of admission to citizenship and to explore alternative principles of admission that take into account contemporary challenges. Following the introduction of the French Civil Code in 1804, the practice of ius sanguinis citizenship (the acquisition of citizenship based on descent from citizen) has spread throughout most of Europe, gradually replacing previously prevalent rules of citizenship acquisition based on birth in the country (ius soli) and residence (ius domicilii). In less than a century ius sanguinis has become the most important principle of citizenship acquisition in Europe and other regions of the world (with the notable exception of the Americas where ius soli is still dominant). The rule of ius sanguinis made sense in a world in which people moved relatively little across borders and where descent was relatively easy to ascertain. However, recent developments related to increased international migration, changes in family norms and practices, as well as advances in reproduction technologies raise questions about the normative justification of ius sanguinis citizenship, as well as about its practical efficacy (for a recent debate on the future of ius sanguinis, see EUDO Citizenship forum. Political theorists began thinking of alternative principles of admission to citizenship meaning to modify, replace or complement traditional ones. For example, it has been argued that the principle of subjection to law justifies the inclusion of immigrants and would-be immigrants alike. Alternatively, supporters of the consent theory of political obligation sought to use this theory in order to justify the access to citizenship for residents, including irregular migrants and temporary workers. Others have taken a market approach to citizenship in arguing that citizenship could be bought and exchanged as any other valuable good. We welcome papers with a strong emphasis on international migration, family, national identity and biotechnology.

Title Details
Federalism, families and citizenship View Paper Details
Are you my Mother(land)? Jus Sanguinis Citizenship, Canada, and the International Fertility Market View Paper Details
The tripartite structure of European investor citizenship programs: interests and strategies of states, companies and individuals View Paper Details
Assisted Reproduction Technologies and Intergenerational Citizenship View Paper Details