Comparative and International Perspectives on Recent Chinese Legislation on International Migration and Nationality

• In Event: Mapping Migration Scapes: The Infrastructure of Migration to and from China

Abstract

This study presents and analyses the legal framework of international migration to and from China with a focus on such areas as attracting talents, permanent residence, dual nationality and enforcement of the Exit-Entry Administration Law and relevant implementing regulations. The Chinese Government has initiated various policies in order to attract global talents as well as to persuade overseas Chinese to return to their native country. However, China explicitly rejects the legal recognition of dual nationality. We investigate the current legal regime governing the entry and stay of foreigners in China as well as current Chinese nationality legislation in order to find out whether both live up to the ambitious aims of such policies. Another angle of this study is to measure Chinese migration and nationality legislation against provisions of international law and the migration law of other legal systems. Firstly, this will provide insights into the origins of Chinese migration law, in particular whether the legislator followed certain foreign legal models and standards or developed new regulations out of Chinese practice. Secondly, by discussing academic debates among academics and officials on dual nationality we try to carve out the reasons for the adherence to the policy of single nationality today. The study follows a doctrinal legal approach and uses laws and regulations, policy documents and scholarly writings as its main sources.

Authors

• Björn Ahl, University of Cologne

• Jasper Habicht, University of Cologne