- Project Runeberg -  The main issues confronting the minorities of Latvia and Eesti /
39

(1922) Author: Alfons Heyking - Tema: Estonia, Latvia
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Full resolution (JPEG) - On this page / på denna sida - Chapter VI. Nationality. A plea for Reform. Paper read at a Committee on Nationality appointed by the International Law Association at 2 King's Bench Walk, Temple, London on February 24th 1922

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IM I t — 39 —

I Britain and Switzerland, though they offer the aspect of a mosaic of
different races, are none the less nations in the true international sense
of the word. Therefore, to all intents and purposes, nationality means
political unity irrespective of race. And in this sense it is used in

this paper. v •

Discrepancies in the legislation of the different states of the world
in matters regarding naturalisation, and the relinquishment of
nationality, have of old been one of the sorest points in the much vaunted
community of civilised nations. As a matter of fact, this condition of
affairs exhibits a deplorable lack of solidarity in the understanding and
application of those fundamental principles on which civilised life is
based; it makes international law contradictory — an inextricable maze
of enactments opposed to each other. It is no exaggeration to say that
there is no greater hindrance to the creation of an harmonious society
of civilised nations, than this deficiency in the co-ordination of the
rules defining nationality in the different states of the world, and there
is therefore much room to adjust the idea of nationality to fit the
various legislations so that there be no conflicting duties and
inconsistencies in the status of the individual.

Recent international legislation has not helped to solve this problem,
but has rather made it more complicated. Thus it would seem to be
one of the tasks of the League of Nations to be instrumental in bringing
the different legislations regulating nationality, into line with each other.
The practical importance of this proposition from the point of view
of international law needs no emphasis. A person who has no
allegiance whatever, or has more than one, occupies a position involving
great difficulties, and if ill-intentioned a loop-hole may be given
to evade those obligations bearing upon national allegiance.

In the Middle Ages allegiance was perpetual, it could not be
relinquished — „Nemo potest exuere patriairT. In most states this idea of
permanent nationality has been given up. For instance, in Great
Britain, the Naturalisation Act of 1870 enabled a British born
individual to renounce his allegiance by becoming the naturalised subject
of a foreign Power. But in some states, this old conception of
nationality as „caractere indelibile" is still preserved, as for instance in
Russia and Turkey. With the exception of the lawful marriage of
Russian women with foreigners, when the Russian nationality is given
up as a mere consequence of marriage, a change of nationality by a
Russian cannot be effected without an exception from the general rule
being made, which exception used to be granted by a special license
from the Emperor. Furthermore, persons of the male sex over fifteen
years of age, could only obtain this permission after they had served
their term of military service. However, according to a bill regarding
nationality introduced in the course of special Inter-departmental
deliberation of the Russian Home Ministry, before the war, Russian
nationality might be ceded when: —

(1) Illegitimate children of Russian nationality were adopted by
the father who is of foreign nationality:

(2) Russian women were married to foreigners:

A subject was expelled from Russian nationality when: —

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