Volume I Part 47 (1/2)

[Footnote 617: Attention ought to be drawn to the fact that, to ensure the protection of the interests of emigrants and immigrants from the moral, hygienic, and economic view, the Inst.i.tute of International Law, at its meeting at Copenhagen in 1897, adopted a body of fourteen principles concerning emigration under the heading ”Voeux relatifs a la matiere de l'emigration”; see Annuaire, XVI. (1897), p. 276. See also Gargas in Z.V. V. (1911), pp. 278-316.]

III

MODES OF ACQUIRING AND LOSING NATIONALITY

Vattel, I. ---- 212-219--Hall, ---- 67-72--Westlake, I. pp.

213-220--Lawrence, ---- 94-95--Halleck, I. pp. 402-418--Moore, III.

---- 372-473--Taylor, ---- 176-183--Walker, -- 19--Bluntschli, ---- 364-373--Hartmann, -- 81--Heffter, -- 59--Stoerk in Holtzendorff, II. pp. 592-630--Gareis, -- 55--Liszt, -- 11--Ullmann, ---- 110 and 112--Bonfils, Nos. 417-432--Despagnet, Nos.

318-327--Pradier-Fodere, III. Nos. 1646-1691--Rivier, I. pp.

303-306--Calvo, II. ---- 541-654, VI. ---- 92-117--Martens, II. ---- 44-48--Fiore, Code, Nos. 660-669--Foote, ”Private International Jurisprudence” (3rd ed. 1904), pp. 1-52--Dicey, ”Conflict of Laws”

(1896), pp. 173-204--Mart.i.tz, ”Das Recht der Staatsangehorigkeit im internationalen Verkehr” (1885)--Cogordan, ”La nationalite, &c”

(2nd ed. 1890), pp. 21-116, 317-400--Lapradelle, ”De la nationalite d'origine” (1893)--Berney, ”La nationalite a l'Inst.i.tut de Droit International” (1897)--Bisocchi, ”Acquisto e perdita della n.a.z.ionalita, &c.” (1907)--Sieber, ”Das Staatsburgerrecht in internationalem Verkehr,” 2 vols.

(1907)--Lehr, ”La nationalite dans les princ.i.p.aux etats du globe”

(1909), and in R.I. 2nd Ser. X. (1908), pp. 285, 401, and 525.

In 1893 the British Government addressed a circular to its representatives abroad requesting them to send in a report concerning the laws relating to nationality and naturalisation in force in the respective foreign countries. These reports have been collected and presented to Parliament. They are printed in Martens, N.R.G. 2nd Ser. XIX. pp. 515-760.

[Sidenote: Five Modes of Acquisition of Nationality.]

-- 297. Although it is for Munic.i.p.al Law to determine who is and who is not a subject of a State, it is nevertheless of interest for the theory of the Law of Nations to ascertain how nationality can be acquired according to the Munic.i.p.al Law of the different States. The reason of the thing presents five possible modes of acquiring nationality, and, although no State is obliged to recognise all five, nevertheless all States practically do recognise them. They are birth, naturalisation, redintegration, subjugation, and cession.

[Sidenote: Acquisition of Nationality by Birth.]

-- 298. The first and chief mode of acquiring nationality is by birth, for the acquisition of nationality by another mode is exceptional only, since the vast majority of mankind acquires nationality by birth and does not change it afterwards. But no uniform rules exist according to the Munic.i.p.al Law of the different States concerning this matter. Some States, as Germany and Austria, have adopted the rule that descent alone is the decisive factor,[618] so that a child born of their subjects becomes _ipso facto_ by birth their subject likewise, be the child born at home or abroad. According to this rule, illegitimate children acquire the nationality of their mother. Other States, such as Argentina, have adopted the rule that the territory on which birth occurs is exclusively the decisive factor.[619] According to this rule every child born on the territory of such State, whether the parents be citizens or aliens, becomes a subject of such State, whereas a child born abroad is foreign, although the parents may be subjects. Again, other States, as Great Britain[620] and the United States, have adopted a mixed principle, since, according to their Munic.i.p.al Law, not only children of their subjects born at home or abroad become their subjects, but also such children of alien parents as are born on their territory.

[Footnote 618: _Jus sanguinis._]

[Footnote 619: _Jus soli._]

[Footnote 620: See details concerning British law on this point in Hall, ”Foreign Powers and Jurisdiction” (1894), -- 14.]

[Sidenote: Acquisition of Nationality through Naturalisation.]

-- 299. The most important mode of acquiring nationality besides birth is that of naturalisation in the wider sense of the term. Through naturalisation an alien by birth acquires the nationality of the naturalising State. According to the Munic.i.p.al Law of the different States naturalisation may take place through six different acts--namely, marriage, legitimation, option, acquisition of domicile, appointment as Government official, grant on application. Thus, according to the Munic.i.p.al Law of most States, an alien female marrying a subject of such State becomes thereby _ipso facto_ naturalised. Thus, further, according to the Munic.i.p.al Law of several States, an illegitimate child born of an alien mother, and therefore an alien himself, becomes _ipso facto_ naturalised through the father marrying the mother and thereby legitimating the child.[621] Thus, thirdly, according to the Munic.i.p.al Law of some States, which declare children of foreign parents born on their territory to be aliens, such children, if, after having come of age, they make a declaration that they intend to be subjects of the country of their birth, become _ipso facto_ by such option naturalised.

Again, fourthly, some States, such as Venezuela, let an alien become naturalised _ipso facto_ by his taking his domicile[622] on their territory. Some States, fifthly, let an alien become naturalised _ipso facto_ on appointment as a Government official. And, lastly, in all States naturalisation may be procured through a direct act on the part of the State granting nationality to an alien who has applied for it.

This last kind of naturalisation is naturalisation in the narrower sense of the term; it is the most important for the Law of Nations, and, whenever one speaks of naturalisation pure and simple, such naturalisation through direct grant on application is meant; it will be discussed in detail below, ---- 303-307.

[Footnote 621: English law has not adopted this rule.]

[Footnote 622: It is doubtful (see Hall, -- 64) whether the home State of such individuals naturalised against their will must submit to this _ipso facto_ naturalisation. See above, -- 125, where the rule has been stated that in consideration of the personal supremacy of the home State over its citizens abroad no State can naturalise foreigners against their will.]

[Sidenote: Acquisition of Nationality through Redintegration.]

-- 300. The third mode of acquiring nationality is that by so-called redintegration or resumption. Such individuals as have been natural-born subjects of a State, but have lost their original nationality through naturalisation abroad or for some other cause, may recover their original nationality on their return home. One speaks in this case of redintegration or resumption in contradistinction to naturalisation, the favoured person being redintegrated and resumed into his original nationality. Thus, according to Section 10 of the Naturalisation Act,[623] 1870, a widow being a natural-born British subject, who has lost her British nationality through marriage with a foreigner, may at any time during her widowhood obtain a certificate of readmission to British nationality, provided she performs the same conditions and adduces the same evidence as is required in the case of an alien applying for naturalisation. And according to section 8 of the same Act, a British-born individual who has lost his British nationality through being naturalised abroad, may, if he returns home, obtain a certificate of readmission to British nationality, provided he performs the same conditions and adduces the same evidence as is required in the case of an alien applying for naturalisation.

[Footnote 623: 33 and 34 Vict. c. 14.]

[Sidenote: Acquisition of Nationality through Subjugation and Cession.]