TITLE:
Compulsory Military Enlistment and Double Nationality: A Brazilian-Chinese Study Case
AUTHORS:
Luiz Fabricio Thaumaturgo Vergueiro
KEYWORDS:
Nationality, Military, Enlistment, Brazil, China
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.1,
March
9,
2022
ABSTRACT: Double nationality is a phenomenon arising from a diversity of nationalities attribution criteria. Such occurrence is not a novelty for international law, and has been addressed by a number of bilateral and multilateral transnational regulations, but is still an issue for many children whose families come from different legal and cultural backgrounds, resulting still more complicated in each time more globalized world economy. One specific hardship, often disregarded by the international legal literature, is the question of compulsory military enlistment and service, which may become detrimental to fruition of the essential human right to a nationality. This article aims to ascertain the subject from the perspective of two relatively very different legal orders, namely those of Brazil (Federative Republic of Brazil), and China (People’s Republic of China), based on an actual legal dispute in Brazilian courts, applying the case study methodology, under comparative law scientific lenses.