assumptions, the legal structure of the state would collapse. Every legal system
defines its own applicability and assumes, explicitly or implicitly, that those to
whom it does and does not apply can be identified and separated from one
another.
Citizenship
The rule of law presupposes a clearly defined concept of citizenship, which in
turn presupposes an unmistakable identity for everyone. In a modern state, one’s
life extends from birth certificate to death certificate. Countries, therefore, have
citizenship laws delimiting their membership boundaries by specifying the
conditions of having and obtaining nationality or citizenship. Jus sanguinis
(right of blood) determines a person’s nationality on the basis of their (one or
both) parents’ nationality, whereas jus soli (right of soil or birthright) grants
nationality to anyone born in the state territory. These are two common
principles informing in various ways the world’s citizenship laws. Both
principles imply that the vast majority of all people acquire citizenship by
accidental circumstances of birth. UDHR Article 1 does not entitle you to any
citizenship. Canadian jurist Ayelet Shachar, therefore, speaks of the ‘birthright
lottery’ and argues that, because they restrict free movement, citizenship laws are
a major mechanism of perpetuating global inequality.
Citizenship allows you to live in a country, send your children to school there,
benefit from the healthcare system, and enjoy other forms of social protection. It
may also involve obligations, such as paying taxes, being loyal to the
constitution, and defending the nation. The balance of profit and loss for a
country’s citizenship varies drastically across nations, but when it comes to
allotting membership in a state, there is no way around the arbitrary principles of
blood-and-soil; unless you are very wealthy and ready to pay for or invest in an
additional (national) identity.
The fact that the world of nation states is unequal finds expression in quality
rankings of citizenships and the price tag of identity papers. The best passports
are those that allow for uninhibited travel to the most countries. They are highly
coveted and, in some cases, officially for sale. Famously, Malta, the smallest
member state of the EU and always strapped for cash, sells its citizenship for
€650,000, a spouse getting almost a free ride for a paltry additional €25,000.
Several other countries offer passports to those who are willing to invest in