Abstract

To be, or not to be Chinese, that is the question. This question is facing an increasing number of people as China becomes interconnected with the world. The question arises because China’s Nationality Law prohibits dual nationality. This essay examines the purposes of this prohibition and finds that it was a response to specific historical circumstances, which no longer apply. Furthermore, the Nationality Law is now increasingly creating problems and anomalies for a rising number of Chinese nationals who migrate overseas, foreign nationals who migrate to China, and children born to a Chinese national and a foreign national in China. This essay finds that the Nationality Law’s prohibition of dual nationality is outdated and needs to be reformed to deal with the needs and challenges posed by globalization and China’s development. After examining the indirect recognition of dual nationality in Hong Kong and the nationality law reforms in India, this essay proposes that China should adopt a pragmatic and flexible form of dual nationality recognition, which separates nationality and entitlement to sociopolitical rights. This approach will further China’s national interest by allowing China to assert its sovereignty, maintain and attract talent, capital and resources, while maintaining its national security and political stability.


I. Introduction

Citizenship defines a person’s legal status as a member of a nation-state. It also affects their sense of identity. In recent years, globalization has caused the international community to adopt a more accommodating attitude towards dual citizenship. National interest has become the main guiding factor of citizenship law reform. Yet, China’s Nationality Law, and its prohibition of dual nationality, has remained unchanged since its promulgation 30 years ago. Hence, a review of its continuing relevance to China’s current situation is needed, particularly given that recent academic attention in this area seems to be lacking.

This essay seeks to identify problems and suggest possible areas of reform, drawing inspiration from international practice and citizenship law reforms in other countries. Instead of repeating the arguments for and against dual citizenship, it will look at the situational and national interest factors that led China to adopt nonrecognition of dual nationality and examine whether current circumstances still justify adherence to this principle. This essay argues that the Nationality Law’s prohibition of dual nationality is outdated and needs to be reformed to deal with the needs and challenges globalization poses to China’s development.

After defining the key terms in part II, the Nationality Law and some of its problems concerning the issue of dual nationality will be examined in part III. Part IV then considers whether China should recognize dual nationality, in light of its developmental needs, national interest, and current global position. Part V discusses international developments in citizenship law, including the trends in citizenship law reform around the world. This will shed light on feasible reforms for China’s Nationality Law.

The situation in Hong Kong and India are of particular relevance to China. Although Hong Kong operates under a separate political and legal system, it is still under PRC rule. Dual citizenship is indirectly tolerated in Hong Kong, which can serve as an encouraging starting point for the gradual acceptance of dual nationality by the PRC’s government. On the other hand, India’s experience should also be considered because it has the second largest diaspora in the world, after China’s, and shares many of the same circumstances, interests, and challenges as China. A limited form of dual citizenship has been in operation in India since 2003. This may serve as a source of inspiration for China. The essay closes with recommendations for reforms in developing a flexible citizenship law that serves China’s national interests.