DOES THE NATIONALITY LAW, AND ITS PROHIBITION OF DUAL NATIONALITY, NEED REFORM

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 This essay finds that the Nationality Law's prohibition of dual nationality is outdated and needs to be reformed to deal with the needs and challenges posed by globalization and China's development.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.