of the provisions of municipal law relating to expatriation in the various countries of the world. Reference has already been made 1 to the Report of the Citizenship Board, in which the attitudes of foreign governments on the right of expatriation were found to conform to one of six types, namely: (1) the right of voluntary expatriation is absolutely denied, e. g., Russia and Turkey; (2) expatriation is admitted, and citizenship ceases upon naturalization abroad, the rule in most countries; (3) expatriation is admitted, provided there exists no unperformed military service, e. g., France; 2 (4) expatriation is admitted, provided citizenship was renounced in the country of origin and in accordance with its forms of law, e. g., Switzerland; (5) expatriation is admitted, and foreign naturalization recognized, but the rights of citizenship revert upon return to the native country, e. g., Venezuela; (6) expatriation is assumed from various acts, longcontinued residence abroad, unauthorized performance of military service on behalf of a foreign government, the unauthorized acceptance of public office abroad, and other acts to be mentioned presently.

Report of Citizenship Board, H. Doc. 326, 59th Cong., 2nd sess., Appendix III. Diplomatic papers dealing with the law of particular foreign countries concerning expatriation are printed in Moore's Dig. III, §§ 441-465. Since the publication of these works the following important countries have enacted new legislation concerning nationality. Belgium, law of June 8, 1909, Suppl. to 4 A. J. I. L. (1910), 417– 420; Glesner, F., Commentaire de la loi, Namur, 1913; Italy, law of June 13, 1912, text, Parl. Pap. Cd. 6526, Misc. No. 1 (1913), 9 R. D. I. Privé, 944 et seq., Clunet, (1912), 1309; comment, ibid. 1346-1347; Germany, law of July 22, 1913, Suppl. to 8 A. J. I. L. (1914), 217–227; Article by Richard W. Flournoy, Jr., in 8 A. J. I. L. (1914), 477-486; Meyer, Th., Reichs- u. Staatsangehörigkeitsgesetz vom, 22 juli, 1913, Berlin, 1913; and extensive commentaries by Cahn and Keller (1914), cited supra, p. 591; Laband in 17 Deutsche Juristen-Zeitung, March 15, 1912, col. 365; 18 Nouvelle Rev. prat. de droit int. privé (1912), 97. Great Britain, law of Aug. 7, 1914, 4 & 5 Geo. 5, ch. 17, to a great extent a recodification of earlier acts, but intended to unify naturalization and British nationality throughout the Empire; E. B. Sargent in No. 3 (July, 1914), Journ. of the Soc. of Comp. Leg. 327-336. Venezuela, law of May 24, 1913, Gaceta oficial, May 26, 1913, Jahrbuch d. Völkerrechts, II, part I, 337. The Haitian law of August 16, 1907, 101 St. Pap. 365 makes practically no change in matters of expatriation, in the previous law. The French government on Nov. 22, 1913 introduced a bill to amend the law of nationality. 9 R. D. I. Privé, 1001. The effect of treaties must always be taken into consideration. 1 Supra, p. 674.

2 Mr. Vignaud to Mr. Sherman, Aug. 2, 1897, For. Rel., 1897, 141–144.

$321. Modes of Expatriation.

Among the modes of expatriation, naturalization in a foreign country is the one most universally recognized. In some countries, such as Austria-Hungary, Germany and Montenegro, the recognition is conditioned upon obtaining a certificate of manumission obtainable upon complying with certain statutory requirements; in others, such as Russia, Turkey, Persia and Servia, upon written consent of the government, not obtainable on compliance with statutory conditions, but subject to arbitrary refusal; in others, such as the United States,2 Germany, Nicaragua and Salvador, upon emigration from the country, although this may often be required even when not expressly so provided; in others, such as Switzerland, upon express renunciation in the state of origin of original nationality; and in others, such as Japan, France, and Germany, upon the preliminary performance of military service. In the Argentine, naturalization abroad results only in the loss of political rights, not citizenship, and in Germany, under certain circumstances, German nationality may be reserved at the time of naturalization abroad.5

A second mode of expatriation applies particularly to women, and results from marriage to an alien. This is almost a universal rule, but in some countries, such as France, Belgium, Italy, Honduras, Mexico, Nicaragua, Costa Rica and Venezuela, it is conditioned upon her acquiring the husband's nationality according to his national law; in others, such as Ecuador and Guatemala, upon her leaving the national territory. In Brazil and in some other countries of Latin-America, as well as in Spain, it seems that marriage to an alien does not denationalize a native woman. In many of the Latin-American countries 1 See the recent rules of Russian law, reported from St. Petersburg, June 20, 1914.

2 Except in the case of married women. Supra, § 266.

3 The person must emigrate one year after obtaining the certificate of expatriation, otherwise it is ineffective. Section 24 of law of 1913.

4 The certificate of manumission or expatriation being refused. Section 22 of the law of 1913.

5 Section 25 of the law of 1913. This provision was intended to cover cases where the enjoyment of certain rights abroad, e. g., the ownership of real estate, depends upon the acquirement of citizenship.

Octavio Rodriguez in 6 Rev. de l'Inst. de Dr. Comp. (1913), 307, p. 594, note 1; Alvarez, op. cit., 313.

cited supra,

and in several others, including the United States,1 after dissolution of the marriage, by death or otherwise, the woman's nationality of origin is resumed upon continued residence in or return to the national territory. It may be noted that under certain circumstances, in Japan and in Brazil, the alien marrying a native woman takes her nationality.

2

Absence from the country for a long-continued period without the manifestation of an intent to return involves expatriation in several countries, such as Austria-Hungary, Bolivia, Bulgaria, Denmark, Finland, Luxemburg, Norway, Netherlands and Sweden. France up to 1889 recognized this mode of expatriation, and Belgium and Germany have only recently abolished it.5 In Spain, it is conditioned upon obtaining foreign naturalization. The intent not to return. is presumed from various acts: In Hungary, Netherlands and the Scandinavian countries, ten years' residence abroad either unauthorized or in the absence of consular matriculation appears to establish the conclusiveness of the presumption. In Austria and Hungary, it requires in addition the failure to respond to a call to arms, although it may be said that many European countries provide for this mode of expatriation even in the absence of prolonged residence abroad. Many publicists are opposed to this mode of expatriation in theory, although they regard the loss of diplomatic protection as proper. Under the law of several countries, such as the United States, Cuba, Honduras and Nicaragua, naturalized citizens give rise to a presumption of expatriation by a return to their native countries for certain periods.

1 The conditions and limitations have been noted, supra, §§ 265, 267.)

2 The condition being that she be the owner of a house.

3 Unless he manifests an intention to retain his nationality.

Youtcheff, N. Y., La Bulgarie et l'étranger, Paris, 1892. If he does not heed the jus avocandi.

5 In Germany, it has been replaced by the provision that a non-resident German liable to military service loses his citizenship at the end of his thirty-first year, if he has not obtained a decision, or postponement thereof, concerning his liability to serve. Section 26 of the law of 1913. On the former rule still prevailing in several countries, see Grabowsky in 12 Verwaltungsarchiv (1904), 204–259.

"Several publicists, notably Stoerk, Bluntschli and Fiore consider this the correct rule. Supra, p. 678.

Entrance into the military service of a foreign government, or even in some countries, the acceptance of political office, without the preliminary authorization of the government, effects expatriation in a majority of the countries of Latin-America, and in Bulgaria, France, Greece, Portugal, Roumania and Spain. In Europe, the penalty is not often enforced. In some countries, such as Austria-Hungary, Germany and Italy, expatriation merely results from a failure to retire from the foreign service on demand within a fixed time. The unauthorized acceptance of pensions, decorations or titles from foreign governments effects expatriation in the majority of the LatinAmerican countries and in Portugal.

1

In several countries, particularly in some of the Latin-American states, loss of citizenship is predicated upon conviction for crime and sentence to an infamous penalty, or upon fraudulent bankruptcy, or upon abandonment of the country in time of danger. This confuses expatriation with the loss of civic rights. In many of the countries of Europe and in the United States the loss of civic rights follows conviction for certain felonies.

Miscellaneous provisions may be found in a number of states, e. g., expatriation is effected in France and Peru, by the possession of slaves; in Haiti and the Dominican Republic, by services rendered to the enemies of the state, and in other states, by other means.

§ 322. Effect of Husband's and Father's Expatriation upon Wife and Children.

5

The effect of the expatriation of a husband and father upon the members of his family differs in the various countries. His expatriation extends to his wife and children in Germany, Great Britain, Japan, Montenegro, Norway, Sweden and Spain, but sometimes only upon condition that they leave the country, as in Hungary, Italy and

1 Law of 1913, § 28.

2 Law of June 13, 1912, art. 8, § 3, 39 Clunet (1912), 1311.

3 E. g., Bolivia, Chile, Colombia, Dominican Republic, Haiti, Paraguay, Peru and Uruguay.

4 Haiti, Law of August 16, 1907, art. 17, 101 St. Pap. 365.

5 If named in the certificate of expatriation or manumission. Section 23 of the law of 1913.

Nicaragua, or that, by his naturalization abroad, they acquire his nationality, as in Switzerland. In some countries, as, e. g., in Bulgaria, Brazil and Greece, expatriation has no effect upon the wife and children; in others, their special request for its extension to them is necessary, e. g., in France (the wife), Persia and Portugal (the children, after reaching majority); or the wife may, by express declaration, retain her former nationality, as in Great Britain; or it extends to the wife but not to the minor children, as in Russia, and under certain conditions, in the United States. In some countries, e. g., in Austria, Finland, Germany, Switzerland and Costa Rica, the illegitimate child of a national mother and an alien father, acquires, through the subsequent marriage of his parents by reason of which he is legitimated, the nationality of his father.

§ 323. Repatriation.

There is a certain variation from country to country in the rules concerning repatriation. In some states, such as Austria-Hungary, Finland, Great Britain, Netherlands, the United States and a few Latin-American countries, the expatriated citizen must go through the process of naturalization like any other alien. In Brazil, Venezuela and other countries of Latin-America, the citizen naturalized abroad who resumes his residence in his native country for two years is deemed to have become repatriated.1 An exception is also made in practically all countries in the case of a married woman, who after the dissolution of her marriage to an alien, wishes to reacquire her original nationality; continued residence in or return to the country, or consular registration usually suffices to effect repatriation. In countries where nationality is lost by the unauthorized entrance into foreign military service or the acceptance of public office abroad, or prolonged absence for a certain period or without the manifestation of an intent to return, the requirements for repatriation are made much easier than in the case of the naturalization of the ordinary alien.

1 Venezuelan law of May 24, 1913, § 7. Convention signed at Rio Janeiro by various American states, August 13, 1906, ratified by the U. S., Jan. 13, 1908, Treaty series, 575. Supra, p. 554.