Legal and Social Analysis of Conflict of Nationality Laws in the Legal System of Iran and its International Solution

Abstract

Purpose: The present article studies the issue of nationality in Iran’s law and then analyze the conflict of nationality and seeks for international solutions. Methodology: The present research is applied in terms of purpose and content analysis method. In the organization of research, the documentary and library methods have been used and the information analysis has been obtained qualitatively and based on the inference of the researcher on the sources and texts. Findings: A positive conflict of nationality laws occurs when a person has two nationalities at the same time, and a negative conflict of nationality happens when no state treats a person as its own national. As a solution to the positive conflict of laws, the Iranian government states that a person who acquires a new nationality without the permission of the government is recognized as Iranian national, and he will be recognized as a foreigner if the request for foreign nationality is accepted. However, they have retained the right to withdraw the nationality of their own state if they have acquired a foreign nationality without the permission of the government. Conclusion: In the context of the negative conflict of nationality, the Iranian governments, under the title of repayment, granted the right to their former national to return to their primary nationality. Regarding the positive conflict of nationality, Iran and the majority of international tribunals consider that the person is a national of the state whose nationality is dominant and effective.