Nationality versus Residence? Part II: How the State Faces Noncitizens
Vis-à-vis a state, a person can be identified by nationality (the legal status of belonging to it) and residence (the fact of living in its territory). Both of these indicators coincide in most cases where people tend to live in the state of which they are citizens. It is no longer the case nowadays when people move across borders more frequently and live abroad more commonly than decades ago. This series of panels deals with questions raised by the incompatibility between nationality and residence. Part II addresses how a state treats noncitizens in its territory, following up the analyses made in Part I. After outlining the state jurisdiction over foreigners focusing on civil procedure (Hatta), we will discuss whether and how to compensate for their lack of political rights in tax law (Fuchi) and international investment law (Hamamoto). Then we will trace history and explore a special device for the exchange of people between the west and the non-west: consular jurisdiction (Iokibe).