Nationality law of the Kingdom of the Netherlands in international perspective

Abstract

Although, in principle, states decide completely autonomously which persons are given their nationality, they can limit their autonomy by concluding treaties with each other. Thereby they accept certain international obligations. This article contains critical reflections on the nationality law of the Netherlands in international perspective. The authors provide an overview of the treaties that are relevant in the field of nationality law and that have been ratified by the Netherlands. They proceed by describing the nationality law of the Netherlands. The various grounds for the acquisition – ex lege, by declaration of option and by naturalisation – and loss of Netherlands nationality are discussed. Special attention is paid to the relation of the new provisions of the Nationality Act with the international obligations deriving from the treaties that have been ratified by the Netherlands. The authors conclude that, although some modifications to the Nationality Act that were realised in 2003 were aimed specifically at bringing Netherlands nationality law better in compliance with international obligations, there are still several points which are problematic in perspective of international law.