are-Release, deprivation, long-continued emigration, option, naturalisation abroad, subjugation, and cession. (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. According to the Municipal Law of some States a citizen may lose his nationality through deprivation as a punishment. Thus, a Russian loses his nationality as a punishment on entry into foreign military service or on emigration without permission of the Government. (3) Long-continued emigration. Some States have legislated that such citizens as have emigrated and stayed abroad for some length of time lose their nationality. Thus, a German ceases to be a German subject through the mere fact that he has emigrated and stayed abroad for ten years without having undertaken the necessary step for the purpose of retaining his nationality. (4) Option. Some States, as Great Britain, which declare a child born of foreign parents on their territory to be their natural-born subject, although it 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 it desires to cease to be a citizen. Such declaration of alienage creates ipso facto the loss of nationality. (5) Naturalisation abroad. Many States, such as Great Britain in contradistinction to Germany, let the nationality of their subjects extinguish ipso facto by their naturalisation abroad, be it through marriage, grant on application, or otherwise. States which act otherwise do not object to their citizens acquiring another nationality besides that which they already possess. (6) Subjugation and cession. It is a universally recognised customary rule of the Law of Nations that the inhabitants of subjugated as well as ceded territory lose their nationality and acquire that of the State which annexes the territory.1 IV NATURALISATION IN ESPECIAL Vattel, I. § 214-Hall, $$ 71-71-Westlake, § I. pp. 225-230-Lawrence, §§ 115-116-Phillimore, I. §§ 325-332-Halleck, I. pp. 403-410Taylor, §§ 181-182-Walker, § 19-Wharton, II. §§ 173-183— Wheaton, 85-Bluntschli, §§ 371-372-Ullmann, §§ 98-99— Pradier-Fodéré, III. Nos. 1656-1659-Calvo, II. §§ 581-646Martens, II. §§ 47-48-Stoicesco, “Étude sur la naturalisation" (1875)-Folleville, " Traité de la naturalisation" (1880)-Delécaille, "De la naturalisation" (1893)-Hart, in the " Journal of the Society of Comparative Legislation," new series, vol. II. (1900), pp. 11–26. tion and § 303. Naturalisation in the narrower sense of the Concepterm-in contradistinction to naturalisation ipso facto Importthrough marriage, legitimation, option, domicile, and NaturaliGovernment office (see above, § 399)-must be de- sation. fined as reception of a foreigner into the citizenship of a State through a formal act on application of the favoured individual. International Law does not provide any such rules for such reception, but it recognises the natural competence of every State as a Sovereign to increase its population through naturali See above, § 301, concerning retain their former nationality; the option sometimes given to see above, § 219. inhabitants of ceded territory to Object of Naturalisation. sation, although a State might by its Municipal Law be prevented from making use of this natural competence.1 In spite, however, of the fact that naturalisation is 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 for good with the intention of settling in foreign countries, where the majority of them becomes sooner or later naturalised, the international importance of naturalisation cannot be denied. § 304. The object of naturalisation is always a foreigner. Some States will naturalise such foreigners only as are 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 foreigners as are and remain subjects of their home State. Most States naturalise such person only as has taken his domicile in their country, has been residing there for some length of time, and intends to remain in their country for good. And, according to the Municipal Law of many States, naturalisation of a married individual includes that of his wife and children under age. But, although every foreigner may be naturalised, no foreigner has, according to the Municipal Law of most States, a claim to become naturalised, naturalisa 1 But there is, as far as I know, which abstains altogether from no civilised State in existence naturalising foreigners. tion being a matter of discretion of the Government, which can refuse it without giving any reasons. tions of sation. § 305. If granted, naturalisation makes a foreigner Condi a citizen. But it is left to the discretion of the Naturalinaturalising State to grant naturalisation under any conditions it likes. Thus, for example, Great Britain grants naturalisation on the sole condition that the naturalised foreigner shall not be deemed to be a British subject when within the limits of the foreign State of which he has been a subject previously to his naturalisation, unless at the time of naturalisation he has ceased to be a subject of that State. And it must be specially mentioned that naturalisation need not give a foreigner absolutely the same rights as are possessed by natural-born citizens. Thus it is well known that a naturalised subject of the United States of America can never be elected President.1 Naturali previous § 306. Since the Law of Nations does not comprise Effect of any rules concerning naturalisation, the effect of sation naturalisation upon previous citizenship is exclusively upon a matter of the Municipal Law of the States con- Citizencerned. Some States, as Great Britain,2 have legis- ship. lated that one of their subjects becoming naturalised abroad loses thereby his previous nationality; but other States, as Germany, have not done this. Further, some States, as Great Britain again, deny every effect to the naturalisation granted by them to a foreigner whilst he is staying on the territory of the State whose subject he was previously to his 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. 2 Formerly Great Britain upheld the rule nemo potest exuere patriam, but Section 6 of the Naturalisation Act, 1870, does away with that rule. Naturali. naturalisation, unless at the time of naturalisation he was no longer a subject of such State. But other States do not make this provision. Be that as it may, there can be no doubt that a person who is naturalised abroad and returns for a time or for good into the country of his origin, can be held responsible for all acts done there at the time before his naturalisation abroad. § 307. The present law of Great Britain concerning Naturalisation is mainly contained in the Naturalisation Acts of 1870, 1874, and 1895.2 Foreigners may on their application become naturalised by a certificate of naturalisation in case they have resided in the United Kingdom or have been in the service of the British Crown for a term of not less than five years, and in case they have the intention to go on residing within the United Kingdom or serving under the Crown. But naturalisation may be refused without giving a reason therefor (section 7). British possessions may legislate on their own account concerning naturalisation (section 16), and persons so naturalised are for all international purposes British subjects. Where the Crown enters into a convention with a foreign State to the effect that the subjects of such State who have been naturalised in Great Britain may divest themselves of their status as British subjects, such naturalised British subjects can through a declaration of alienage shake off the acquired British nationality (section 3). Naturalisation of the husband includes that of his 1 Many instructive cases concerning this matter are reported by Wharton, II. §§ 180 and 181. See also Hall, § 71, where details concerning the practice of many States are given with regard to their subjects naturalised abroad. 2 33 Vict. c. 14; 35 and 36 Vict. c. 39; 58 & 59 Vict. c. 43. 3 Sec Hall, Foreign Powers and Jurisdiction, §§ 20 and 21, especially concerning naturalisation in India. |