and other Oriental countries to certain natives in the service of its embassy or consulate. Such protected natives are called "de facto subjects" of the protecting State. Their case is quite an anomalous one, based on custom and treaties, and no special rules of the Law of Nations are in existence concerning such de facto subjects. Every State which takes such de facto subjects under its protection can act according to its discretion, and there is no doubt that as soon as these Oriental States have reached a level of civilisation equal to that of the Western members of the Family of Nations, the whole institution of the de facto subjects will disappear. § 296. As emigration comprises the voluntary Nationality and removal of an individual from his home State with Emigra the intention of residing abroad, but not necessarily with the intention of renouncing his nationality, it is obvious that emigrants may well retain their nationality. Emigration is in fact entirely a matter of internal legislation of the different States. Every State can fix for itself the conditions under which emigrants lose or retain their nationality, as it can also prohibit emigration altogether, or can at any moment request those who have emigrated to return to their former home, provided the emigrants have retained their nationality of birth. And it must be specially emphasised that the Law of Nations does not and cannot grant a right of emigration to every individual, although it is frequently maintained that it is a "natural" right of every individual to emigrate from his own State. 1 Concerning the exercise of protection in Morocco a treaty was concluded in 1880 (see Martens, N.R.G., 2nd ser. VI. p. 624), which is signed by Morocco, Great Britain, Austria-Hungary, Five Modes of Acquisition of Nationality. Acquisition of Nation ality by Birth. III MODES OF ACQUIRING AND LOSING NATIONALITY Vattel, I. §§ 212-219-Hall, §§ 67-72-Westlake, I. pp. 213-220Lawrence, §§ 114-115-Halleck, I. pp. 402-418-Taylor, §§ 176-183 -Walker, § 19-Bluntschli, §§ 364-373-Hartmann, § 81-Heffter, $59-Stoerk in Holtzendorff, II. pp. 592-630-Gareis, § 55-Liszt, § 11-Ullmann, §§ 98 and 100-Bonfils, Nos. 417-432-Despagnet, Nos. 334-339-Pradier-Fodéré, III. Nos. 1646–1691—Rivier, I. pp. 303-306-Calvo, II. §§ 541-654, VI. §§ 92-117-Martens, II. §§ 44-48-Foote, "Private International Jurisprudence" (3rd ed. 1904), pp. 1-52-Dicey, "Conflict of Laws" (1896), pp. 173–204— Martitz, "Das Recht der Staatsangehörigkeit im internationalen Verkehr" (1885)—Lapradelle," De la nationalité d'origine" (1893) -Berney, "La nationalité à l'Institut de Droit International" (1897). In 1893 the British Government addressed a circular to its representa tives 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. § 297. Although it is for Municipal 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 Municipal 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, all States practically nevertheless do recognise them. They are birth, naturalisation, reintegration, subjugation, and cession. $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 Municipal 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,1 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.2 According to this rule every child born on the territory of such State, whether the parents be citizens or foreigners, 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 3 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 foreign parents as are born on their territory. sition of through sation. § 299. The most important mode of acquiring Acquisi nationality besides birth is that of naturalisation in the wider sense of the term. Through naturali- ality sation a person who is a foreigner by birth acquires Naturalithe nationality of the naturalising State. According to the Municipal Law of the different States naturalisation may take place through six different actsnamely, marriage, legitimation, option, acquisition of domicile, appointment as Government official, grant on application. Thus, according to the Municipal Law of most States, a foreign female person marrying 1 Jus sanguinis. 2 Jus soli. law on this point in Hall, Foreign * See details concerning British §14. VOL. 1. A A Acquisi tion of Nationality through Redintegration. 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 a foreign mother, and therefore a foreigner 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 foreigners, such children, if they make, after having come of age, 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 a foreigner become naturalised ipso facto by his taking his domicile 2 on their territory. Some States, fifthly, let a foreigner 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 a foreigner 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. § 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 1 British law has not adopted this rule. 2 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. 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, 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. And according to Section 8 of the same Act, a Britishborn individual who has lost his British nationality through being naturalised abroad, may, if he returns home, obtain a certificate of readmission to British nationality. tion of through tion and § 301. The fourth and fifth modes of acquiring Acquis!nationality are by subjugation after conquest and by Nationcession of territory, the inhabitants of the subjugated ality as well as of the ceded territory acquiring ipso facto Subjugaby the subjugation or cession the nationality of the Cession. State which acquires the territory. These modes of acquisition of nationality are modes settled by the customary Law of Nations; it will be remembered that details concerning this matter have been given above, §§ 219 and 240. modes of ality. §302. Although it is left in the discretion of the Seven different States to determine the grounds on which losing individuals lose their nationality, it is nevertheless Nationof interest for the theory of the Law of Nations to take notice of these grounds. Seven modes of losing nationality must be stated to exist according to the reason of the thing, although all seven are by no means recognised by all the States. These modes. 1 33 Vict. c. 14. |