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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— 43 —
nationality and status of aliens Acts, 1914 and 1918, and are practically
in the same position as nationals banished from their own country.
Such a predicament is further brought about by lawful authorities whose
endeavour it should be to prevent such abnormities and not to create
them. Forcible de-naturalisation is an absurdity from the point of view
of municipal and international law.
According to the old German municipal law, Germans lose their
nationality if they reside abroad for more than ten years without
registering their names as German nationals in a German Consulate.
There is alto the case in British municipal law of children born
abroad whose fathers never resided in the country of their nationality,
which often results in no nationality, as in many states the mere fact
of birth taking place on that territory does not, ipso facto, constitute
the right of citizenship. The United States and Great Britain look
upon such cases as acts of tacit expatriation without investigating
whether the loss of one allegiance synchronises with the adoption ot
another. But as a general principle, expatriation should not be assumed
except it coincides with naturalisation in another country.
Such then, are typical examples of individuals who find themselves
outside the boundaries of any nationality, as a result of the looseness
of municipal legislation in the various states of the world. In order
to bring these varying legislations into line it should be recognised as
a fundamental principle that no individual should be put into a position,
or be allowed to lose his or her nationality without acquiring a
new one.
»
Equally anomalous with „no nationality" is the case of dual
nationality due to lack of co-ordination of the municipal legislations in
different countries as to the conditions under which citizenship is
acquired or lost. Russia and Turkey, as already mentioned, have
hitherto preserved the antiquated idea of the immutability of nationality.
A conflict in the legislation on this point between different states, is
therefore unavoidable. In many states, as for instance, in Great Britain,
(Naturalisation Act of 1870) a foreigner who has lived five years on the
territory of the state, is entitled to make application for a certificate of
naturalisation and to be admitted to his new nationality regardless ot
whether he has been duly discharged from his former allegiance. As
long as special permission from the State has not been obtained, a
Russian subject remains a Russian subject, his naturalisation in another
country being null and void in the eyes of Russian law. A curious
acknowledgement of this is contained in the annotation on the
passport of such Russians naturalised in Great Britain, to the effect that
the British Embassy in Russia is unable to protect the bearer in case
he returns to Russia. • . y-
The
same practice is observed by the United States in respect of
naturalised subjects who, having left Russia without severing the bond
of allegiance and evading compulsory military service, contend, on
returning to Russia, to be immune from that obligation on account of
their naturalisation abroad. In consular practice cases of dual
nationality offer great difficulties, as persons claiming duality of nationality are
inclined to claim the rights and to evade the duties of both nationali-
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