5 ms·
Although the registration country's laws do indeed generally apply on aircraft, that is in addition to what I said, not instead of it. Nationality laws can gran
by jkaplowitz 6y ago
Although the registration country's laws do indeed generally apply on aircraft, that is in addition to what I said, not instead of it. Nationality laws can grant or withhold citizenship worldwide regardless of location and regardless of whichever other laws apply for most purposes.
For example, as an American who lived in the US for more than my first 30 years of life, any (biological) kid I have anywhere in the world will be a US citizen by birth, regardless of location, based solely on US law, even though outside the US I'm generally subject to the host country's laws and not to US laws. (Nationality laws are not the only US laws to have extraterritorial application, but the default rule is for US laws to apply domestically only.)
As an inverse example, the denial of US citizenship by birth to people born in the US to two diplomatically immune parents is solely due to US law, not due to any international agreement, even though the diplomatic parents are mostly immune to US law and subject to at least a large fraction of their home country's law.
Here's a general Wikipedia summary of how birth aboard aircraft and ships works for purposes of nationality, including specific comments on Canada and the US, as well as addressing the two international conventions that people often think are relevant to this question but aren't: https://en.wikipedia.org/wiki/Birth_aboard_aircraft_and_ships https://en.wikipedia.org/wiki/Birth_aboard_aircraft_and_ship...
- t0mas88 6y agoVery true, countries can deviate from this in the positive direction. So the US is free to grant citizenship to a lot more than these (e.g. anyone born with at least one US parent, that's also what my country does), but it's not required by ICAO, it's a decision the US can make unilaterally.
- jkaplowitz 6y agoRight. But it's more than that: there's no default from which to deviate in any direction. Every country can freely choose who it considers as its citizens under all circumstances regardless of which law usually applies where, and I don't think any treaties cover that (with some narrow and not-worldwide exceptions around people who would otherwise be stateless) including the ICAO ones. ICAO's rule for the "Lex loci" of airplanes is irrelevant to the nationality question except when a nation's domestic law of nationality makes it relevant for granting (or withholding) that nation's nationality. The US nationality rule for birth outside of the US is narrower than "anyone with one US parent", by the way. It wouldn't apply to cases like mine if my time spent living in the US had been below a certain threshold. By contrast, even children born in the US to those whose presence in the US is unlawful or otherwise irregular are citizens by birth.