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101-483: Nationality law can be broadly categorized into three principles: Laws may be based on any one of these principles, but they commonly reflect a combination of all three principles. Generally speaking, countries in the Americas have a strong jus soli heritage. Jus soli is the principle, whereby birth on a country's territorial jurisdiction—e.g., land, or in some cases, vessel registered as being registered as under

202-479: A binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument. Apart from the rules of procedure for precedent, the weight given to any reported judgment may depend on the reputation of both the reporter and the judges. The legal systems of the Nordic countries are sometimes included among the civil law systems, but as a separate branch, and sometimes counted as separate from

303-525: A combination of either. In some cases, the determination may be governed by public international law —e.g., by treaties and the European Convention on Nationality . Nevertheless, states' rights to determine who their nationals are is not absolute, and states must comply with their human rights obligations concerning the granting and loss of nationality. In particular, nationals must not be arbitrarily deprived of their nationality. The right to

404-529: A continent in that southern part; full of animals and more populous than our Europe, or Asia, or Africa, and even more temperate and pleasant than any other region known to us. Vespucci's letter was a publishing sensation in Europe that was immediately and repeatedly reprinted in several other countries. Peter Martyr, who had been writing and circulating private letters commenting on Columbus's discoveries since 1493, often shares credit with Vespucci for designating

505-515: A desire by governments to guarantee a safe haven to diaspora populations, particularly those assumed to be living under precarious conditions. A non-exhaustive list of such countries laws follows. Article 14 of the Constitution of Armenia (1995) provides that "individuals of Armenian origin shall acquire nationality of the Republic of Armenia through a simplified procedure." This provision

606-414: A higher court. An appellate court may also decide on an entirely new and different analysis from that of junior courts, and may or may not be bound by its own previous decisions, or in any case, may distinguish them on the facts. Where there are several members of a court deciding a case, there may be one or more judgments given (or reported). Only the reason for the decision of the majority can constitute

707-584: A large open ocean between China on the east side of the map, and the inchoate largely water-surrounded North American and South American discoveries on the western side of map. Out of uncertainty, they depicted a finger of the Asian land mass stretching across the top to the eastern edge of the map, suggesting it carried over into the western hemisphere. E.g. the Cantino Planisphere denotes Greenland as "Punta d'Asia"—"edge of Asia". Some maps, e.g.,

808-549: A mass exodus of ethnic Russians living in Crimea. There are three categories of Spanish nationality: De origen is (almost exclusively) acquired at the moment of birth, mainly to a Spanish parent, and can never be lost. Por residencia is acquired through a predetermined period of legal residency in Spain. This distinction is important because Spanish nationality laws primarily follow iure sanguinis, including those relating to

909-556: A much smaller role in developing case law in common law than professors in civil law. Because court decisions in civil law traditions are historically brief and not formally amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France. Historically, common law courts relied little on legal scholarship; thus, at

1010-667: A nationality and the prohibition against depriving one's nationality is codified in article 15 of the " Universal Declaration of Human Rights ". Article 1 of the " Convention on Certain Questions Relating to the Conflict of Nationality Laws " states: The " Inter-American Court of Human Rights " went further in limiting state's right to determine nationality: The nationality laws of several countries have special provisions in them to simplify naturalization of favored ethnic groups. The laws in these countries appear to reflect

1111-546: A nationality via a process known as naturalization on the basis of long-term residence and other conditions. This process and the conditions it entails are detailed in the states' nationality laws. Some nationality laws have special provisions to make it easier for diaspora populations to become nationals. By international custom , each sovereign state generally has the right to freely determine who it will recognise as its nationals and citizens. Such determinations may be made by custom, statutory law , case law (precedent), or

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1212-618: A new continent . This realization expanded the geographical horizon of earlier European geographers, who had thought that the world only included Afro-Eurasian lands. Africa , Asia , and Europe became collectively called the " Old World " of the Eastern Hemisphere , while the Americas were then referred to as "the fourth part of the world", or the "New World". Antarctica and Oceania are considered neither Old World nor New World lands, since they were only discovered by Europeans much later. They were associated instead with

1313-681: A new precedent of higher authority. This may happen several times as the case works its way through successive appeals. Lord Denning , first of the High Court of Justice , later of the Court of Appeal , provided a famous example of this evolutionary process in his development of the concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130. The different roles of case law in civil and common law traditions create differences in

1414-417: A number of problems, such as: loss of the spouses' original nationality; spouses losing the right to consular assistance , as such cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals; and men becoming subject to military service obligations. There has been a shift towards a principle that neither marriage nor dissolution of marriage automatically affecting

1515-698: A permit to immigrate and work in Norway a Kola Norwegian will have to prove an adequate connection to Norway such as having at least two grandparents from Norway. Citizenship will then be awarded according to regular rules. As of 2004 approximately 200 Kola Norwegians had moved back to Norway. Republic Act No. 9225 , approved 29 August 2003, provided that all Philippine nationals who become nationals of another country shall be deemed not to have lost their Philippine nationality. It further states that natural-born Filipinos who have lost their Philippine nationality in this manner may repatriate by taking an oath of allegiance to

1616-536: A pilot scheme named "Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents" (ASSG). The immigration law of Taiwan (officially the Republic of China) gives priority to returning Taiwanese and overseas Chinese who are not nationals of the People's Republic of China, Chinese who were living abroad, and encourages their return. However, although Republic of China have not ceded

1717-520: A residence permit depends on the directness and closeness of Finnish ancestry. If the ancestry dates back several generations, a residence permit cannot be granted on this basis. According to the Immigration Service, people who may be granted a residence permit based on these conditions can be divided into the following three groups: Various phenomena throughout Greek history (e.g., the extensive colonization by classical Greek city states;

1818-488: A right of return to Taiwan area even if they hold a Republic of China passport —specifically, those without a household registration in Taiwan area do not automatically have the right of return, may be refused entry, removed or deported from Taiwan area, and an entry permit is needed before 2011. The Czech Republic grants nationality—and thus the right of residence—to anyone whose parents are or were Czech nationals, unless

1919-403: Is a law that is based on precedents , that is the judicial decisions from previous cases, rather than law based on constitutions , statutes , or regulations . Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals . These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is

2020-624: Is also an intersection between the principles, wherein only persons of a certain race or blood will acquire nationality at birth. For instance, in Liberia, African-born persons will acquire nationality while those of non-African origin will not be entitled to this privilege. Jus sanguinis is the principle whereby the nationality of a person is dictated by their blood (i.e., parentage or ancestry). For instance, in Italy, nationality may be transmitted perpetually if one can find an Italian ancestor up until

2121-606: Is attained at 21 there). Most of the por opción clauses do not confer original status (except those included in the Historical Memory Law), thus it can be lost, and, in case one possesses nationality other than those described below as historically related to Spain (e.g., United States), renounce their current nationality in front of Spanish consular officials. In practice this renunciation has little practical effect, and in some cases no effect, as only renunciations made to one's own country's officials has an effect on

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2222-540: Is available to persons of Indian origin anywhere in the world as long as they have never been nationals of Pakistan or of Bangladesh (a reservation excluding Muslims who joined Pakistan during or after the 1947 partition). This unusual type of nationality by descent is an intermediate form of nationality in that it does not grant the full portfolio of rights enjoyed by Indian citizens. The Citizenship (Amendment) Act 2003 and Citizenship (Amendment) Ordinance 2005 make provision for an even newer form of Indian nationality,

2323-540: Is consistent with the Declaration on Independence of Armenia , issued by the Supreme Soviet of Armenia in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia." According to the Constitution of Bulgaria , Article 25(2): "A person of Bulgarian origin shall acquire Bulgarian nationality through a facilitated procedure." Chapter Two of

2424-401: Is not a Bulgarian citizen may acquire Bulgarian citizenship...if he/she...is of a Bulgarian origin." The immigration law of China gives priority to returning Overseas Chinese (i.e., ethnic Chinese who were living abroad), and as such, practically all immigrants to China are ethnic Chinese, including many whose families lived outside of China for generations. The Chinese government encourages

2525-477: Is now named South America, that same map famously labels simply " America ". Martin Waldseemüller 's map of 1516 retreats considerably from his earlier map and back to classical authority, with the Asian land mass merging into North America, which he now calls Terra de Cuba Asie partis , and quietly drops the "America" label from South America, calling it merely Terra incognita . The western coast of

2626-494: Is usually Ingrian Finns from the former Soviet Union who exercise this right, though American, Canadian, and Swedish nationals with Finnish ancestry are eligible. The Finnish Immigration Service states that, under certain conditions, persons with "Finnish roots" or an otherwise "close connection to Finland" may receive a residence permit in Finland without the requirement of any further grounds (e.g., work or studies). Receiving

2727-634: The Terra Australis that had been posited as a hypothetical southern continent. All of the New World countries use the Latin script as its official script. The Florentine explorer Amerigo Vespucci is usually credited for coming up with the term "New World" ( Mundus Novus ) for the Americas in his 1503 letter, giving it its popular cachet, although similar terms had been used and applied before him. The Venetian explorer Alvise Cadamosto used

2828-577: The Acquisition of Greek Nationality by Aliens of Greek Origin Law (Law 2130/1993). Anyone wishing to do so must present a number of documents, including "[a]vailable written records...proving the Greek origin of the interested person and his ancestors." A Person of Indian Origin (PIO) is a person living outside of India and without Indian nationality, but of Indian origin up to four generations removed. It

2929-539: The Bulgarian Citizenship Act is entitled "Acquisition of Bulgarian Citizenship", the first section of which is entitled "Acquisition of Bulgarian Citizenship by Origin", and provides at article 9 that "[a]ny person...whose descent from a Bulgarian citizen has been established by way of a court ruling shall be a Bulgarian citizen by origin." Separately, article 15 of the Act provides that "[a]ny person who

3030-587: The Greek diaspora , including individuals and families whose ancestors have been resident in diaspora communities outside the modern state of Greece for centuries or millennia. "Foreign persons of Greek origin," who neither live in Greece, hold Greek nationality, or were necessarily born there may become Greek nationals by enlisting in Greece's military forces, under article 4 of the Code of Greek Citizenship , as amended by

3131-606: The Gulf of Paria implied that a previously unknown continent must lie behind it. Columbus proposes that the South American landmass is not a "fourth" continent, but rather the terrestrial paradise of Biblical tradition, a land allegedly known, but undiscovered, by Christendom . In another letter to the nurse of Prince John, written 1500, Columbus refers to having reached a "new heavens and world" ("nuevo cielo é mundo") and that he had placed "another world" ("otro mundo") under

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3232-632: The High Court and the Court of Appeals are each bound by their own previous decisions, however, since 1966 the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice it rarely does. A notable example of when the court has overturned its precedent is the case of R v Jogee , where the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales had misapplied

3333-543: The Irish Nationality and Citizenship Act, 1986 . With rare exceptions the applicant must be resident in the island of Ireland before applying for naturalisation. The Law of Return is legislation enacted by Israel in 1950, that gives all Jews , persons of Jewish ancestry up to at least one Jewish grandparent, and spouses of Jews the right to immigrate to and settle in Israel and obtain nationality, and obliges

3434-492: The United Kingdom , United States , Canada , Australia , New Zealand , South Africa , Singapore , Ireland , India , Pakistan , Bangladeshi , Sri Lanka , Nepal , Bhutan , Israel and Hong Kong ), it is used for judicial decisions of selected appellate courts , courts of first instance , agency tribunals, and other bodies discharging adjudicatory functions. In the common law tradition, courts decide

3535-576: The West Indies with what returning sailors told him of the East Indies . Vespucci wrote a preliminary letter to Lorenzo, while anchored at Bezeguiche, which he sent back with the Portuguese fleet, which expressed a certain puzzlement about his conversations. Vespucci ultimately was convinced while on his mapping expedition of eastern Brazil from 1501 to 1502. After returning from Brazil in

3636-472: The former Soviet Union ) but not being recognized as Jews by the Israeli religious authorities, which on the basis of halakha recognize only the child of a Jewish mother as being Jewish. People who would be otherwise eligible for this law can be excluded if they can reasonably be considered to constitute a danger to the welfare of the state, have a criminal past, or are wanted fugitives in their countries with

3737-971: The guava , papaya and pineapple . There are rare instances of overlap, e.g., the calabash (bottle-gourd), cotton , and yam are believed to have been domesticated separately in both the Old and New World, or their early forms possibly brought along by Paleo-Indians from Asia during the last glacial period . [REDACTED] Africa [REDACTED] Antarctica [REDACTED] Asia [REDACTED] Australia [REDACTED] Europe [REDACTED] North America [REDACTED] South America [REDACTED] Afro-Eurasia [REDACTED] Americas [REDACTED] Eurasia [REDACTED] Oceania [REDACTED] Africa [REDACTED] Eurasia [REDACTED] North America [REDACTED] Oceania [REDACTED] South America Case law Case law , also used interchangeably with common law ,

3838-520: The turkey were originally domesticated by pre-Columbian peoples in Mesoamerica . Agriculturalists in the Andean region of South America brought forth the cassava , peanut , potato , quinoa and domesticated animals like the alpaca , guinea pig and llama . Other New World crops include the sweetpotato , cashew , cocoa , rubber , sunflower , tobacco , and vanilla , and fruits like

3939-553: The "discoverer of the new globe" ("Colonus ille novi orbis repertor"). A year later, on 20 October 1494, Peter Martyr again refers to the marvels of the New Globe ("Novo Orbe") and the " Western Hemisphere " ("ab occidente hemisphero"). In Columbus's 1499 letter to the Catholic Monarchs of Spain, reporting the results of his third voyage, he relates how the massive waters of South America's Orinoco delta rushing into

4040-480: The 1506 Contarini–Rosselli map and the 1508 Johannes Ruysch map, bowing to Ptolemaic authority and Columbus's assertions, have the northern Asian landmass stretching well into the western hemisphere and merging with known North America, Labrador, Newfoundland, etc. These maps place the island of Japan near Cuba and leave the South American continent—Vespucci's "New World" proper—detached and floating below by itself. The Waldseemüller map of 1507, which accompanied

4141-419: The Americas as a new world. Peter Martyr used the term Orbe Novo , meaning "New Globe", in the title of his history of the discovery of the Americas, which began appearing in 1511. The Vespucci passage above applied the "New World" label to merely the continental landmass of South America . At the time, most of the continent of North America was not yet discovered, and Vespucci's comments did not eliminate

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4242-591: The Americas remained unclear. That there must be a large ocean between Asia and the Americas was implied by the known existence of vast continuous sea along the coasts of East Asia . Given the size of the Earth as calculated by Eratosthenes this left a large space between Asia and the newly discovered lands. Even prior to Vespucci, several maps, e.g. the Cantino planisphere of 1502 and the Canerio map of 1504, placed

4343-445: The Americas until they were introduced by post-Columbian contact in the 1490s. Many common crops were originally domesticated in the Americas before they spread worldwide after Columbian contact, and are still often referred to as " New World crops ". Common beans ( phaseolus ), maize , and squash —the " three sisters "—as well as the avocado , tomato , and wide varieties of capsicum ( bell pepper , chili pepper , etc.), and

4444-770: The Americas, to distinguish them from their counterparts in the "Old World" (Europe, Africa and Asia)—e.g., New World monkeys , New World vultures , New World warblers . The label is also often used in agriculture. Asia, Africa, and Europe share a common agricultural history stemming from the Neolithic Revolution , and the same domesticated plants and animals spread through these three continents thousands of years ago, making them largely indistinct and useful to classify together as "Old World". Common Old World crops, e.g., barley , lentils , oats , peas , rye , wheat , and domesticated animals, e.g., cattle , chickens , goats , horses , pigs , sheep , did not exist in

4545-528: The Atlantic coast of North America in what is present-day Canada and the United States . The term "New World" is still commonly employed when discussing historic spaces, particularly the voyages of Christopher Columbus and the subsequent European colonization of the Americas . It has been framed as being problematic for applying a colonial perspective of discovery and not doing justice to either

4646-701: The Federation of Jewish Communities in Spain. Spanish diplomacy exercised protection over Sephardis of the Ottoman Empire and the independent Balkanic states succeeding it. The government of Miguel Primo de Rivera decreed in 1924 that every Sephardi could claim Spanish nationality. This right was used by some refugees during the Second World War, including the Hungarian Jews saved by Ángel Sanz Briz and Giorgio Perlasca . This decree

4747-487: The Indies "), and consequently came up with alternative names to refer to them. Only a few weeks after Columbus's return from his first voyage, Martyr wrote letters referring to Columbus's discovered lands as the "western antipodes" ("antipodibus occiduis", letter of 14 May 1493), the "new hemisphere of the earth" ("novo terrarum hemisphaerio", 13 September 1493). In a letter dated 1 November 1493, he refers to Columbus as

4848-400: The Israeli government to facilitate their immigration. Originally, the law applied to Jews only, until a 1970 amendment stated that the rights "are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew." This resulted in several hundreds of thousands of persons qualifying for immigration to Israel (mainly from

4949-777: The Kola peninsula in 1917. The Kola Norwegians were deported to or put in camps in other parts of Russia during the course of World War II . It was only after 1990 that many of the Kola Norwegians again dared to emphasize their background. Only a few had been able to maintain a rusty knowledge of Norwegian. Some of them have migrated back to Norway. There are special provisions in the Norwegian rules of immigration and nationality which eases this process for many Kola Norwegians. These provisions are in general stricter than in some other countries giving "Right of return." In order to obtain

5050-534: The New World, including the Pacific Ocean , was discovered in 1513 by Vasco Núñez de Balboa , twenty years after Columbus' initial voyage. It was a few more years before the voyage of Ferdinand Magellan 's between 1519 and 1522 determined that the Pacific Ocean definitely formed a single large body of water that separates Asia from the Americas. Several years later, the Pacific Coast of North America

5151-554: The Republic, and that their children whether legitimate, illegitimate or adopted, below 18 years of age, shall be deemed nationals of the Philippines. Russia offers citizenship to individuals descended from Russian ancestors who can demonstrate an affinity for Russian culture and, preferably, speak Russian. Concern about Russia's shrinking population prompted the program. This has had a positive effect because this has not only reversed Russia's population decline but has also increased

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5252-529: The basis of at least one Irish grandparent. Note that, for the purposes of Irish nationality law, a person born anywhere on the island of Ireland is considered "Irish." (The island includes Northern Ireland , which is part of the United Kingdom , where British nationality law applies; thus, people born in Northern Ireland are entitled to both British and Irish nationality.) The entitlement to nationality of all people born on Ireland and its islands

5353-410: The beginning of the 20th century was that a woman should have the nationality of her husband; i.e., upon marrying a foreigner, the wife would automatically acquire the nationality of her husband and lose her previous nationality, often with the reciprocal recognition by the other country. Legal provisions existed that automatically naturalised married women, and sometimes married men as well. This led to

5454-472: The birth rate. Officials estimate that 25 million members of the Russian diaspora are eligible for nationality. The Foreign Ministry has sent emissaries to countries around the world to urge the descendants of Russian emigrants to return home. The majority of these emigrants have returned from Ukraine, many of them young men looking for better education and job opportunities. The Crimean War in 2014 triggered

5555-421: The case is not appealed , the decision will stand. A lower court may not rule against a binding precedent, even if it feels that it is unjust; it may only express the hope that a higher court or the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it may either hold that

5656-554: The chief of the navigation of Spain. Although the proceedings of the Toro-Burgos conferences are missing, it is almost certain that Vespucci articulated his recent 'New World' thesis to his fellow navigators there. During these conferences, Spanish officials seem to have accepted that the Antilles and the known stretch of Central America were not the Indies as they had hoped. Though Columbus still insisted they were. They set out

5757-649: The children's births. Irish law also automatically grants nationality at birth to any individual born abroad to a parent who was born in Ireland, without the need to register with the DFA prior to the granting of citizen's rights like holding an Irish passport. Separately from this right, the Irish minister responsible for immigration may dispense with conditions of naturalisation to grant nationality to an applicant who "is of Irish descent or Irish associations," under section 15 of

5858-544: The civil law tradition. In Sweden , for instance, case law arguably plays a more important role than in some of the Continental codified law systems. The two highest courts, the Supreme Court ( Högsta domstolen ) and the Supreme Administrative Court ( Högsta förvaltningsdomstolen ), have the right to set precedent which is in practice (however not formally) binding on all future application of

5959-425: The claim on mainland China, the government does not consider the people in mainland China, Hong Kong and Macau as Republic of China nationals. Overseas ethnic Chinese can register as Republic of China national and apply for a Republic of China passport , however, they do not automatically have a right of return to Taiwan area if they don't have a household registration there. Not all Republic of China nationals have

6060-458: The country before the authorities will observe this right, such as in Cambodia or Thailand. Sometimes jus soli laws only operate generationally, such as in some Middle-Eastern countries, where a child born in the territory will only acquire nationality if the child's father (regardless of parental nationality) was born in the same territory. Sometimes jus soli will be restricted by age. There

6161-664: The current case are called obiter dicta , which constitute persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes . The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes. Some pluralist systems, such as Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana , do not precisely fit into

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6262-534: The dominion of the Kings of Spain. The term "New World" ( Mundus Novus ) was coined in Spring 1503 by Amerigo Vespucci in a letter written to his friend and former patron Lorenzo di Pier Francesco de' Medici , which was published in Latin ) in 1503–04 under the title Mundus Novus . Vespucci's letter contains the first explicit articulation in print of the hypothesis that the lands discovered by European navigators to

6363-478: The dual common-civil law system classifications. These types of systems may have been heavily influenced by the Anglo-American common law tradition; however, their substantive law is firmly rooted in the civil law tradition. Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of law. Law professors traditionally have played

6464-461: The exception of persecution victims. Jews who convert to another religion also lose the right of return. Since 1950 2,734,245 Jews have immigrated to Israel. A special visa category exists exclusively for foreign descendants of Japanese emigrates ( nikkeijin ) up to the third generation, which provides for long-term residence, unrestricted by occupation, but most nikkeijin cannot automatically acquire Japanese nationality, and must instead go through

6565-422: The famous Cosmographiae Introductio volume, which includes reprints of Vespucci's letters, comes closest to modernity by placing a completely open sea, with no stretching land fingers, between Asia on the eastern side and the New World. It is represented two times in the same map in a different way: with and without a sea passage in the middle of what is now named Central America on the western side—which, on what

6666-464: The founding of the Italian state in their lineage. By contrast, other states may restrict their jus sanguinis transmission of nationality up to the registration of the second generation down the family line. Some states automatically confer nationality on the basis of marriage. A prominent example of a country with jus matrimonii laws is Cape Verde . The common practice within and among states at

6767-420: The historic or geographic complexity of the world. It is argued that both 'worlds' and the age of Western colonialism rather entered a new stage, as in the ' modern world '. In wine terminology , "New World" uses a particular definition. " New World wines " include not only North American and South American wines, but also those from South Africa , Australia , New Zealand , and all other locations outside

6868-480: The holders of which are to be known as Overseas Citizens of India (OCI). Overseas nationality is not substantially different from PIO rights. Holding either PIO or OCI status does, however, facilitate access to full Indian citizenship. An OCI who has been registered for five years, for instance, need be resident for only one year in India before becoming a full national. Irish nationality law provides for acquisition on

6969-541: The individual is also a national of a country that has a treaty with the Czech Republic barring dual nationality of the Czech Republic and that country. Moreover, people of Czech origin might be granted the right to permanent residence (Czech origin is a reason worth of consideration). In 1995, the Czech Republic amended its Nationality Law to provide the Interior Ministry with the discretion to waive

7070-420: The judge believes the academic's restatement of the law is more compelling than can be found in case law. Thus common law systems are adopting one of the approaches long-held in civil law jurisdictions. Judges may refer to various types of persuasive authority to decide a case. Widely cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsbury's Laws of England , or

7171-689: The jurisdiction of that country (aeroplanes, ships)—confers nationality of the country of birth to the child. In most countries, this originated from the English common law tradition that all persons born on the King's land owed an allegiance to the King. This law was inherited by the colonies and subsequently codified into their own domestic laws, such as in the United States, Canada, Australia, etc. Jus soli laws are not always absolute: sometimes countries with jus soli laws require lawful residence in

7272-513: The law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Unlike most civil law systems, common law systems follow the doctrine of stare decisis , by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts. For example, in England,

7373-431: The law for nearly 30 years. Generally speaking, higher courts do not have direct oversight over the lower courts of record , in that they cannot reach out on their initiative ( sua sponte ) at any time to overrule judgments of the lower courts. Normally, the burden rests with litigants to appeal rulings (including those in clear violation of established case law) to the higher courts. If a judge acts against precedent, and

7474-447: The law is applied in one district , province, division or appellate department . Usually, only an appeal accepted by the court of last resort will resolve such differences and, for many reasons, such appeals are often not granted. Any court may seek to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of such a distinction may or may not be accepted on appeal of that judgment to

7575-524: The linked nationality. The Historical Memory Law ( Spanish : Ley de Memoria Histórica ) which took effect in December 2008, introduced temporary two-year changes to current Spanish nationality laws. Those whose father or mother were born original Spaniards (regardless of their place of birth, whether they are still living, or whether they currently hold Spanish nationality) and those whose grandparents emigrated due to political or economic reasons will have

7676-465: The nationality of either spouse, nor of a change of nationality by one spouse during marriage automatically affecting the nationality of their spouse. However, in many jurisdictions spouses can still obtain special and fast processing of applications for naturalisation. Uniquely, citizenship of the Vatican City is jus officii , namely on the grounds of appointment to work in a certain capacity in

7777-441: The new goal for Spanish explorers: find a sea passage or strait through the Americas, a path to Asia proper. The term New World was not universally accepted, entering English only relatively late, and has more recently been subject to criticism . While it became generally accepted after Amerigo Vespucci that Christopher Columbus ' discoveries were not Asia but a "New World", the geographic relationship between Europe and

7878-400: The opinion of the ancients was, that the greater part of the world beyond the equinoctial line to the south was not land, but only sea, which they have called the Atlantic; and even if they have affirmed that any continent is there, they have given many reasons for denying it is inhabited. But this opinion is false, and entirely opposed to the truth. My last voyage has proved it, for I have found

7979-462: The possibility that the islands of the Antilles discovered earlier by Christopher Columbus might still be the eastern edges of Asia, as Columbus continued to insist until his death in 1506. A 1504 globe , possibly created by Leonardo da Vinci , depicts the New World as only South America , excluding North America and Central America . A conference of navigators known as Junta de Navegantes

8080-421: The precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out. If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting

8181-505: The principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law , which are codes enacted by legislative bodies , and regulatory law , which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication ; for example, criminal proceedings or family law. In common law countries (including

8282-567: The process of naturalization . However, the Minister of Justice can waive the age and residence requirements if an applicant for naturalization has a special relationship to Japan, such as a Japanese parent. The Kola Norwegians were Norwegians who settled along the coastline of the Russian Kola Peninsula from approximately 1850 to the closure of the border in the 1920s. It is estimated that around 1000 Norwegians lived on

8383-623: The published work of the Law Commission or the American Law Institute . Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code . In federal or multi-jurisdictional law systems there may exist conflicts between the various lower appellate courts. Sometimes these differences may not be resolved, and it may be necessary to distinguish how

8484-541: The resettlement of foreigners of Czech origin living abroad." A private fund, the People In Need Czech TV Foundation, worked with government authorities between 1995 and 2001 to effect this resettlement in the specific instance of Russian and Kazakh nationals of Czech origin, and had resettled approximately 750 such persons as of 2000. The Finnish Aliens Act provides for persons who are of Finnish origin to receive permanent residence. It

8585-554: The return of Overseas Chinese with various incentives not available to others, such as "tax breaks, high salaries and exemptions from the one-child policy if they had two children while living abroad." The "rights and interests of returned overseas Chinese" are afforded special protection according to Articles 50 and 89(12) of the Chinese Constitution . In April 2015, the Hong Kong Government announced

8686-510: The right of return. The third category, por opción ('by choice'), is given to some people of Spanish origins that, though not complying with the requisites to attain nationality through origin, are able to prove close ties to Spain; this option is given mainly to the children of people that have attained or recovered Spanish nationality after their birth, but it has age limits and one must exercise this choice prior turning 20 (in some countries, like Argentina, prior turning 23, as majority of age

8787-465: The right to de origen Spanish nationality. Until and while the Law of Historic Memory takes effect, the following laws will also apply: In November 2012, the Spanish government announced that it would eliminate the residency period for Sephardic Jews, and permit them to maintain dual nationality, on the condition that such naturalization applicants presented a certificate of their Sephardic status from

8888-521: The service of the Holy See. It usually ceases upon cessation of the appointment. Citizenship is also extended to the spouse and children of a citizen, provided they are living together in the city. Anyone who loses Vatican citizenship and does not possess other citizenship automatically becomes an Italian citizen as provided in the Lateran Treaty . Most states today allow for aliens to acquire

8989-675: The spring of 1503, Vespucci authored the Mundus Novus letter in Lisbon and sent it to Lorenzo in Florence , with the famous opening paragraph: In passed days I wrote very fully to you of my return from new countries, which have been found and explored with the ships, at the cost and by the command of this Most Serene King of Portugal; and it is lawful to call it a new world, because none of these countries were known to our ancestors and to all who hear about them they will be entirely new. For

9090-518: The term "un altro mondo" ("another world") to refer to sub-Saharan Africa , which he explored in 1455 and 1456 on behalf of the Portuguese. This was merely a literary flourish, not a suggestion of a new "fourth" part of the world. Cadamosto was aware that sub-Saharan Africa was part of the African continent. Peter Martyr d'Anghiera , an Italian chronicler at the service of Spain , doubted Christopher Columbus 's claims to have reached East Asia ("

9191-561: The traditional wine-growing regions of Europe, North Africa and the Near East . The usefulness of these terms for wines though have been questioned as arbitrary and too generalized. In a biological context, species can be divided into those in the Old World ( Palearctic , Afrotropic ) and those in the New World ( Nearctic , Neotropic ). Biological taxonomists often attach the "New World" label to groups of species found exclusively in

9292-418: The turn of the twentieth century, it was very rare to see an academic writer quoted in a legal decision (except perhaps for the academic writings of prominent judges such as Coke and Blackstone ). Today academic writers are often cited in legal argument and decisions as persuasive authority ; often, they are cited when judges are attempting to implement reasoning that other courts have not yet adopted, or when

9393-645: The usual five-year residency requirement for foreigners that had been resettled in the Czech Republic by 31 December 1994. This amendment was aimed particularly at several hundred ethnic Czechs which had been brought by the Czech government from the Ukrainian region of Volhynia , and was of a limited duration. The amendment was consistent with what the Czech Ministry of Labor and Social Affairs has identified as "the Czech government's policy principles regarding

9494-612: The vast expansion of Greek culture in Hellenistic times; the large dominions at times held by the Greek-speaking Byzantine Empire; and the energetic trading activity by Greeks under the Ottomans) all tended to create Greek communities far beyond the boundaries of modern Greece. Recognizing this situation, Greece grants nationality to broad categories of people of ethnic Greek ancestry who are members of

9595-475: The watering stop at Bezeguiche in present-day Dakar , Senegal , as Vespucci was on his expedition to chart the coast of newly discovered Brazil and the ships of the Second Portuguese India armada , commanded by Pedro Álvares Cabral , were returning from India . Having already visited the Americas in prior years, Vespucci likely found it difficult to reconcile what he had already seen in

9696-416: The way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis (called ratio decidendi ), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of

9797-489: The west were not the edges of Asia, as asserted by Christopher Columbus , but rather an entirely different continent that represented a "New World". According to Mundus Novus , Vespucci realized that he was in a "New World" on 17 August 1501 as he arrived in Brazil and compared the nature and people of the place with what Portuguese sailors told him about Asia . A chance meeting between two different expeditions occurred at

9898-634: Was again put to use to receive some Jews from Sarajevo during the Bosnian War . New World The term " New World " is used to describe the majority of lands of Earth 's Western Hemisphere , particularly the Americas . The term arose in the early 16th century during Europe 's Age of Discovery , after Italian explorer Amerigo Vespucci published the Latin -language pamphlet Mundus Novus , presenting his conclusion that these lands (soon called America based on Amerigo's name ) constitute

9999-406: Was assembled by the Spanish monarchs at Toro in 1505 and continued at Burgos in 1508 to digest all existing information about the Indies, come to an agreement on what had been discovered, and set out the future goals of Spanish exploration. Amerigo Vespucci attended both conferences, and seems to have had an outsized influence on them—at Burgos, he ended up being appointed the first piloto mayor ,

10100-487: Was mapped. The discovery of the Bering Straits in the early 18th century, established that Asia and North America were not connected by land. But some European maps of the 16th century, including the 1533 Johannes Schöner globe , still continued to depict North America as connected by a land bridge to Asia. In 1524, the term "New World" was used by Giovanni da Verrazzano in a record of his voyage that year along

10201-488: Was stipulated by the 1922 Constitution of the Irish Free State and the 1937 Constitution of Ireland , and reinforced by the 1998 Belfast Agreement . A person born outside of Ireland with entitlement to Irish nationality through a grandparent born in Ireland may pass that right on to her or his own children. To do so, however, that person must register her or his birth in Ireland's Foreign Births Register prior to

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