Birth aboard aircraft and ships: Difference between revisions
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{{Main|Birthright citizenship in the United States of America|United States nationality law}} |
{{Main|Birthright citizenship in the United States of America|United States nationality law}} |
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U.S. law holds that natural persons born on foreign ships docked at U.S. ports or born within the limit of U.S. [[territorial waters]] are U.S. citizens. An important exception to this rule is that children born to people who (in line with the [[Fourteenth Amendment to the United States Constitution]]) are not "subject to the jurisdiction" of the United States (e.g. [[diplomat]]s accredited with the [[United States Department of State]]) are not automatically U.S. citizens.<ref>{{cite book|title=Multistate and Multinational Estate Planning|edition=Third|author=Jeffrey A. Schoenblum|pages=9–56|date=2006|publisher=CCH|isbn=0-8080-8950-1}}</ref> Despite a common misconception to the contrary, birth on board a U.S.-flagged ship, airliner, or military vessel outside of the 12-nautical mile (22.2 km/ 13-13/16 st. mi.) limit is not considered to be a birth on U.S. territory, and the principle of ''[[jus soli]]'' thus does not apply.<ref>[http://www.state.gov/documents/organization/86755.pdf Foreign Affairs Manual]</ref> |
U.S. law holds that natural persons born on foreign ships docked at U.S. ports or born within the limit of U.S. [[territorial waters]] are U.S. citizens. An important exception to this rule is that children born to people who (in line with the [[Fourteenth Amendment to the United States Constitution]]) are not "subject to the jurisdiction" of the United States (e.g. [[diplomat]]s accredited with the [[United States Department of State]]) are not automatically U.S. citizens.<ref>{{cite book|title=Multistate and Multinational Estate Planning|edition=Third|author=Jeffrey A. Schoenblum|pages=9–56|date=2006|publisher=CCH|isbn=0-8080-8950-1}}</ref> Despite a common misconception to the contrary, birth on board a U.S.-flagged ship, airliner, or military vessel outside of the 12-nautical mile (22.2 km/ 13-13/16 st. mi.) limit is not considered to be a birth on U.S. territory, and the principle of ''[[jus soli]]'' thus does not apply.<ref>[http://www.state.gov/documents/organization/86755.pdf Foreign Affairs Manual]</ref> |
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===Ben Leyland Case=== |
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On the 14th June 1999, British citizen Ben Leyland, was born on a plane on the main runway of [[King Abdulaziz International Airport]] in [[Saudi Arabia]]. It is unknown whether his mother knew whether she was pregnant or not. His mother was charged for travelling while knowing she was in labour. However she was only charged with Airport fees. Paul Proctor (Aircraft Engineer) said the case was strange. |
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==See also== |
==See also== |
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Revision as of 13:42, 17 December 2013
The subject of birth aboard aircraft and ships is one with a long history in public international law. The law on the subject, despite the provisions of Article 3 the 1961 Convention on the Reduction of Statelessness, is complex, because various states apply differing principles of nationality, namely jus soli and jus sanguinis, to varying degrees and with varying qualifications.
Historical background
Prior to the 1961 Convention, quite a number of states expressly provided, in their laws, that births and deaths aboard an aircraft registered to that state are considered to have occurred on national territory, and thus the nationality laws of that territory apply. One such was § 32(5) of the British Nationality Act 1948. However, this did not solve the problems caused by dual citizenship and conflicts with other states claiming equal competence through the application of the jus sanguinis principle.[1]
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Contemporary laws
Under the 1944 Convention on International Civil Aviation, articles 17–21, all aircraft have the nationality of the state in which they are registered, and may not have multiple nationalities. For births, the law of the aircraft's nationality is applicable, and for births that occur in flight while the aircraft is not within the territory of any state, it is the only applicable law. However, if the aircraft is in or flying over the territory of another state, that state may also have concurrent jurisdiction, and the locus in quo principle may apply to the exact position of the aircraft when the birth occurred.[2]
There are still very few Member States that are party to the 1961 Convention. Furthermore, conflicts of laws still exist, in particular between the laws of North and South American states, which typically adhere to the jus soli principle, and the laws of European states, which usually adhere to the jus sanguinis principle.[3]
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United States
U.S. law holds that natural persons born on foreign ships docked at U.S. ports or born within the limit of U.S. territorial waters are U.S. citizens. An important exception to this rule is that children born to people who (in line with the Fourteenth Amendment to the United States Constitution) are not "subject to the jurisdiction" of the United States (e.g. diplomats accredited with the United States Department of State) are not automatically U.S. citizens.[4] Despite a common misconception to the contrary, birth on board a U.S.-flagged ship, airliner, or military vessel outside of the 12-nautical mile (22.2 km/ 13-13/16 st. mi.) limit is not considered to be a birth on U.S. territory, and the principle of jus soli thus does not apply.[5]
See also
References
- ^ Ludovico M. Bentovoglio (1969). "Conflicts Problems in Air Law". In Académie de Droit International de La Ha (ed.). Recueil Des Cours, Volume 119 (1963/III). Martinus Nijhoff Publishers. pp. 120–121. ISBN 90-286-1562-8.
{{cite book}}: CS1 maint: multiple names: editors list (link) - ^ Shabtai Rosenne (2002). "Space: Air, Outer, Cyber". Recueil Des Cours, 2001. Martinus Nijhoff Publishers. p. 337. ISBN 90-411-1746-6.
- ^ Christopher C. Joyner (2005). "The Individual". International Law in the 21st Century: Rules for Global Governance. Rowman & Littlefield. p. 63. ISBN 0-7425-0009-8.
- ^ Jeffrey A. Schoenblum (2006). Multistate and Multinational Estate Planning (Third ed.). CCH. pp. 9–56. ISBN 0-8080-8950-1.
- ^ Foreign Affairs Manual
Further reading
- Barbara Reukema (1982). "Birth on board aircraft". Discriminatory Refusal of Carriage in North America. Kluwer Law and Taxation Publishers. pp. 117–124. ISBN 90-6544-049-6.
- William Samore (July 1951). "Statelessness as a Consequence of the Conflict of Nationality Laws". The American Journal of International Law. 45 (3). The American Journal of International Law, Vol. 45, No. 3: 476–494. doi:10.2307/2194545. JSTOR 2194545.
- Gerhard Von Glahn (1976). "The Law and the Individual". Law Among Nations: An Introduction to Public International Law. Macmillan. p. 202. ISBN 0-02-423150-9.
- Lauterpacht. "re Delgado de Román". International Law Reports. Cambridge University Press. pp. 371–372. ISBN 0-949009-37-7. — a 1956 case in Argentina exemplifying how both Spanish and Argentinian laws could apply to a birth aboard ship. The decision in the case cites "Birth on Board Ship". Spanish Encyclopedia. Vol. 23. p. 328..
- British Institute of International Affairs (1965). "Nationality in Public International Law". The British Year Book of International Law. Vol. 39. Hodder and Stoughton. p. 306.
