Conception and Import

sation.

Nationalité, etc. (2nd ed. 1890), pp. 117-282, 307-313-Delécaille, De la Naturalisation (1893)—Henriques, The Law of Aliens, etc. (1906), pp. 91-121-Piggott, Nationality and Naturalisation, etc., 2 vols. (new ed. 1907)-Baldassarri, La Naturalizzazione (1912)-Borchard, §§ 228-252, and 263-272-Hart, Edwards, Sargant and Phillimore in the Journal of the Society of Comparative Legislation, New Ser. ii. (1900), pp. 11-26; xiv. (1914), pp. 314-336, and xvii. (1917), pp. 165-171Wilkinson in the Law Magazine and Review, xl. (1915-16), pp. 187-195-Edwards in the Law Quarterly Review, xxx. (1914), pp.

433-447.

§ 303. Naturalisation in the narrower sense of the term-in contradistinction to naturalisation ipso facto Naturali. through marriage, legitimation, option, domicile, and Government office (see above, § 299)-must be defined as reception of an alien into the citizenship of a State through a formal act on application of the favoured individual. International Law does not at present provide any rules for such reception, but it recognises the natural competence of every State, as a sovereign, to increase its population through naturalisation, although a State might by its Municipal Law be prevented from making use of this natural competence. In spite, however, of the fact that naturalisation is at present still a domestic affair of the different States, it is nevertheless of special importance to the theory and practice of the Law of Nations. This is the case because naturalisation is effected through a special grant of the naturalising State, and regularly involves either a change or a multiplication of nationality, facts which can be, and have been, the source of grave international conflicts. In the face of the fact that millions of citizens emigrate every year from their home countries with the intention of settling permanently in foreign countries, where the majority of them become sooner or later naturalised, the international importance of naturalisation cannot be denied.

1 But there is, as far as I know, no civilised State in existence which

abstains altogether from naturalising foreigners.

Naturali

§ 304. The object of naturalisation is always an alien. Object of Some States will naturalise such aliens only as are sation. Stateless because they never have been citizens of another State or because they have renounced, or have been released from, or deprived of, the citizenship of their home State. But other States, as Great Britain, naturalise also such aliens as are, and remain, subjects of their home States. Most States naturalise such person only as has taken up his domicile in their country, has been residing there for some length of time, and intends permanently to remain in their country. And according to the Municipal Law of many States, naturalisation of a married individual includes that of his wife and of his children under age. But although every alien may be naturalised, no alien has, according to the Municipal Law of most States, a claim to become naturalised, naturalisation being a matter of discretion for the Government, which can refuse it without giving any reasons.

tions of

§ 305. If granted, naturalisation makes an alien a Condicitizen. But it is left to the discretion of the naturalis- Naturaliing State to grant naturalisation upon any conditions sation. it likes. And it must be specially mentioned that naturalisation need not give an alien absolutely the same rights as are possessed by natural-born citizens. Thus according to Article 2 of the Constitution of the United States of America a naturalised alien can never be elected President.2 However, according to § 3 of the British Nationality and Status of Aliens Act, 1914, a naturalised British subject is entitled (subject to the provisions of this Act) to all rights, powers, and

1 According to § 5 of the British Nationality and Status of Aliens Act, 1914, the children born before the grant of a certificate of naturalisation to an alien do not become British subjects unless their names are included in the certificate.

2 A foreigner naturalised in Great Britain by letters of denization does not acquire the same rights as a natural-born British subject. See Hall, Foreign Powers and Jurisdiction (1894), § 22.

Naturali

upon Previous

Citizenship.

privileges to which a natural-born British subject is entitled.

Effect of § 306. Since the Law of Nations does not at present sation comprise any rules concerning naturalisation, the effect of naturalisation upon previous citizenship is exclusively a matter for the Municipal Law of the States concerned. Some States, as Great Britain,1 have legislated that one of their subjects becoming naturalised abroad thereby loses his previous nationality; but other States have not done this. Be that as it may, there can be no doubt that a person who is naturalised abroad, and temporarily or permanently returns to the country of his origin, can be held responsible 2 for all acts done there at the time before his naturalisation abroad.3 The British Nationality and Status of Aliens Act, 1914, expressly provides, in § 16, that a British subject who ceases to be a British subject shall not thereby be discharged from any obligation, duty, or liability in respect of any act done before he ceased to be a British subject. Naturali- § 307. The present law of Great Britain concerning naturalisation is mainly contained in the British NationBritain. ality and Status of Aliens Act, 1914 (4 & 5 Geo. v. c. 17), as amended by the British Nationality and Status of Aliens Act, 1918 (8 & 9 Geo. v. c. 38). According to § 2 of the principal Act, an alien may, upon application, become naturalised by the grant of a certificate of naturalisation if he fulfils the following con

sation

in Great

1 Up to the Naturalisation Act of 1870, Great Britain upheld the rule nemo potest exuere patriam. Its antithesis is the rule ne quis invitus civitate mutetur, neve in civitate maneat invitus (Cicero, 'Pro Balbo,' c. 13, § 31; see Rattigan, Private International Law (1895), p. 29, No. 21).

2 Many instructive cases concerning this matter are reported by Wharton, ii. §§ 180 and 181, and Moore, iii. §§ 401-407. See also Hall, § 71, where details concerning the practice of many States are

4

given with regard to their subjects naturalised abroad.

3 That a British subject who, after the outbreak of hostilities, becomes naturalised in an enemy country, commits an act of treason was decided in Rex v. Lynch, [1903]1 K.B. 444. See also below, vol. ii. § 101.

4 See M'Nair in the Law Quarterly Review, xxxv. pp. 213-220. As regards naturalisation in the United States of America, see Moore, iii. §§ 381-389, and Dyne, Naturalisation in the United States (1907).

ditions: He must have resided in the United Kingdom for not less than one year immediately preceding his application, and previously for four years within the last eight years before his application either in the United Kingdom or in some other part of the British dominions. Equivalent to such residence is service under the Crown for not less than five years within the last eight years before the application. Moreover, under the Amending Act, a period spent in the service of the Crown may, if the Secretary of State thinks fit, be treated as equivalent to a period of residence in the United Kingdom. The applicant must be of good character, must have an adequate knowledge of the English language, and must intend, if his application is granted, either to reside within the British dominions or to enter or continue in the service of the Crown. The grant of a certificate of naturalisation is within the absolute discretion of the Secretary of State. A certificate does not take effect until the applicant has taken an oath of allegiance.

Part of the period of residence, or even the whole of it, may be dispensed with in certain cases. Thus, as was stated above, § 300, a woman who was a British subject before her marriage with an alien, may, if the marriage has been dissolved or her husband has died, be at once readmitted to British nationality without any requirement as to previous residence. Further, in any other special case-§ 2 does not define the special case, but leaves the matter entirely to the discretion of the authorities-a certificate of naturalisation may be granted to an applicant who has resided within the United Kingdom for one year immediately preceding the application and for four additional years in some part of His Majesty's dominions, or has served five years under the Crown, although the four additional years of residence or the term of service under the

Crown were not within the last eight years before the application. Again, in any special Again, in any special case, under § 5 (ii.) (as amended), a certificate of naturalisation may be granted to any minor whether or not the conditions required by the Act have been complied with.1

According to § 4, a special certificate of naturalisation may be granted to any person with respect to whose nationality as a British subject a doubt exists, and it may be specified in the certificate that it has been granted for the purpose of quieting doubts as to the right of the person to be a British subject. The grant of such a certificate is not to be deemed an admission that the person to whom it has been granted was not previously a British subject.

Naturalisation of an alien includes that of his wife (§10), but does not include naturalisation of any child born before the application unless its name is mentioned in the certificate. Any child so named may, within one year after attaining its majority, divest itself of its British nationality by making a declaration of alienage (§ 5).

A certificate of naturalisation is to be revoked under § 7 (as amended), when the Secretary of State is satisfied (a) that it was obtained by false representation or fraud, or by concealment of material circumstances, or (b) that the person to whom the certificate was granted has shown himself by act or speech to be disaffected or disloyal to His Majesty. It is also to be revoked if the Secretary of State is satisfied that the holder (c) during any war in which Great Britain is engaged, has unlawfully traded or communicated with the enemy or his subjects, or has been associated with any business which is to his knowledge carried on in such manner as to assist the enemy,

1 As to the grant of certificates of naturalisation to subjects of States which were enemies of Great Britain

during the World War, see § 3 (2) of the Amending Act.