tion of Birth. by another mode is exceptional, since the vast majority Acquisi of mankind acquires nationality by birth, and does not Nationchange it afterwards. But no uniform rules exist ality by according to the Municipal Law of the different States concerning this matter. Some States, as Germany and Austria, adopted the rule that descent alone is the decisive factor,1 so that a child born of their subjects became 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.2 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 and the United States, have adopted a mixed principle, since, according to their Municipal 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. § 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 1 Jus sanguinis. 2 Jus soli. The Common Law of England concerning nationality has several times been altered by Statute. According to § 1 of the British Nationality and Status of Aliens Acts, 1914 and 1918, every person is a naturalborn British subject who (a) was born within His Majesty's Dominions and Allegiance; (b) though born out of His Majesty's Dominions, is the child of a father who at the time of the child's birth was a British subject, and was either born within His Majesty's Allegiance, or was a person to whom See tion of ality through sation. Acquisi State. According to the Municipal Law of the different Nation- States naturalisation may take place through six different acts—namely, marriage, legitimation, option, acquisiNaturali- tion of domicile, appointment as Government official, grant on application. Thus, according to the Municipal Law of most States, an alien female marrying a subject of such State becomes thereby ipso facto naturalised. Thus, further, according to the Municipal Law of several States, an illegitimate child born of an alien mother, and therefore an alien itself, becomes ipso facto naturalised through the father marrying the mother, and thereby legitimating the child.1 Thus, thirdly, according to the Municipal 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 up his domicile 2 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 naturalisa 1 English law has not adopted this rule. 2 It is doubtful (see Hall, § 64) whether the home State of individuals so 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. For the same reason objection must be taken to the law of some American States according to which (see Borchard, § 232) naturalisation is ipso facto acquired through a foreigner buying real estate, or having a child born to him, in the State concerned. tion through direct grant on application is meant; it will be discussed in detail below, §§ 303-307. tion of gration. § 300. The third mode of acquiring nationality is Acquisi by so-called redintegration or resumption. Such indi- Nationviduals as have been natural-born subjects of a State, ality but have lost their original nationality through natural- Redinteisation abroad or for some other cause, may recover their original nationality on fulfilling certain conditions. This is called redintegration or resumption, in contradistinction to naturalisation, the favoured person being redintegrated and resumed into his original nationality. Thus, according to § 12 (2) of the British Nationality and Status of Aliens Act, 1914, any child who has ceased to be a British subject through its father ceasing to be a British subject, may, within one year after attaining its majority, by a declaration resume its original British nationality. Again, according to § 2 (5), a woman who was a British subject previously to her marriage to an alien, and whose husband has died or whose marriage has been dissolved, may immediately upon the happening of such an event apply for a certificate of naturalisation readmitting her to British nationality. tion of through tion and §301. The fourth and fifth modes of acquiring Acquisi nationality are by subjugation after conquest and by Nationcession of territory, the inhabitants of the subjugated ality and the ceded territory acquiring ipso facto by the sub- Subjugajugation or cession the nationality of the State which acquires the territory. These modes of acquisition of nationality are modes settled by the customary Law of Nations; details have been given above, §§ 219 and 240. Cession. Modes of § 302. Although it is at present left in the discretion Five of the different States to determine the grounds on losing which individuals lose their nationality, it is neverthe- Nationless of interest to the theory of the Law of Nations to ality. take notice of these grounds. Five modes of losing nationality must be stated to exist according to the reason of the thing, although all five are by no means recognised by all the States. These modes are release, deprivation, expiration, option, and substitution. (1) Release. Some States, as Germany, give their citizens the right to ask to be released from their nationality. Such release, if granted, denationalises the released individual. (2) Deprivation. For example, according to the Municipal Law of some States, as, for instance, Bulgaria, Greece, Italy, Holland, Portugal, and Spain, the fact that a citizen enters into foreign civil or military service without permission of his sovereign deprives him of his nationality. (3) Expiration.-Some States have legislated that citizenship expires in the case of such of their subjects as have left the country and stayed abroad a certain length of time. For instance, a naturalised citizen of the United States of America as a rule loses his citizenship by residing for two years in the country of his origin or for five years in any other foreign State. Or, again, the American citizenship of a woman who acquired it by marriage to an American expires in case she is living abroad at the time when her husband dies or her marriage is dissolved, unless within one year after such an event she registers as an American citizen before the United States consul. (4) Option. For example, some States-Great Britain for instance1-which declare a child born of foreign parents on their territory to be their natural-born subject, although he becomes at the same time, according to the Municipal Law of the home State of the parents, a subject of such State, give the right to such child to make, after coming of age, a declaration that 1 See British Nationality and Status of Aliens Act, 1914, § 14. he desires to cease to be a citizen.1 Or, to give another example, according to the law of the United States, a foreign woman who became an American citizen by. marriage to an American can, if she continues to reside in the United States after the termination of the marital relationship, renounce her American citizenship by a declaration. Such declaration of alienage creates ipso facto the loss of nationality. (5) Substitution.—According to the law of many States, as, for instance, Great Britain, the nationality of their subjects is extinguished ipso facto by their naturalisation abroad, be it through marriage, grant on application, or otherwise. Some States, however, do not object to their citizens acquiring another nationality besides that which they already possess. Just as naturalisation abroad ipso facto extinguishes the nationality of their subjects according to the Municipal Law of some States, so, according to International Law, through subjugation or cession, the inhabitants of the conquered or ceded territory become subjects of the State which annexes the territory, and their former nationality is extinguished by substitution of the new.2 IV NATURALISATION IN ESPECIAL Vattel, i. § 214-Hall, §§ 71-71*-Westlake, § i. pp. 232-237-Lawrence, $$ 95-96-Phillimore, i. §§ 325-332-Halleck, i. pp. 432-443-Taylor, S$ 181-182-Walker, § 19-Wharton, ii. §§ 173-186-Moore, iii. §§ 377380-Wheaton, § 85-Hershey, Nos. 230-234-Bluntschli, §§ 371-372Ullmann, §§ 110-111-Pradier-Fodéré, iii. Nos. 1656-1659-Calvo, ii. $$ 581-646-Martens, ii. §§ 47-48-Stoicesco, Etude sur la Naturalisation (1875) - Folleville, Traité de la Naturalisation (1880) — Cogordan, La 1 But this option cannot be exercised in time of war so as to make the declarant an enemy. Rex v. Commanding Officer, etc., (1917) 33 T.L.R. 252. * See above, § 301. Concerning the option sometimes given to inhabitants of ceded territory to retain their former nationality, see above, $ 219. |