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The general principle that all questions relating to the acquisition or their intention to retain their own nationality. Secretary of
loss of a sWc nationality shall be governed by the laws of the State State Bayard observed that it was "the generally recog-
whose nationality is claimed or contested should be admitted. The ap- nized rule of international law" that "the transfer of
plication of this principle, however, should not go beyond the limits at
which the legislation of one State encroaches on the sovereignty of allegiance must be by a distinctly voluntary act." 31 The
another. For example, a State has no power, by means of a law or ad- United States acquiesced in 1895 in Mexico's refusal to
ministrative act, to confer its nationality on all the inhabitants of another extradite a United States national on the ground he had
State or on all foreigners entering its territory. Further, if the State con- become a Mexican national by purchase of real estate. 32
fers its nationality on the subjects of other States without their request, The British Government found the Mexican legislation to
when the persons in question are not attached to it by any particular
bond, as, for instance, origin, domicile or birth, the States concerned be "within the competence of the Mexican Govern-
ment." 33
will not be bound to recognize such naturalization. 27
(2) A Brazilian decree of 1889 declared that all
(4) The United States was of the opinion that there
were: foreigners residing in Brazil would be considered Brazilian
citizens unless they should, within six months from the
. . . certain grounds generally recognized by civilized States upon which a publication of the decree, make an express declaration of
State may properly clothe individuals with its nationality at or after bi,
but . . . no State is free to extend the application of its laws of nationality contrary intention. A number of European states entered
in such a way as to reach out and claim the allegiance of whomever it joint protests against the decree, which was characterized
pleases. The scope of municipal laws governing nationality must be by Italy as "contrary to generally accepted principles of in-
regarded as limited by consideration of the rights and obligations of in- ternational law." 34 The British Foreign Ofice requested
dividuals and of the States. 28
an opinion of the Law Officers of the Crown, who main-
Although certain governments participating in the con- tained that a person having notice of the Brazilian decree
ference questioned the existence of rules of international and an opportunity to make the declaration therein men-
law, other than those laid down in treaties, that limit a tioned should be considered as having voluntarily become
state's freedom in matters of nationality, the text of Arti- a Brazilian national if he failed to act. 35 On receiving state-
cle 1 of the Convention on Contlict of Nationality Law
ments from the Brazilian government relating to the in-
was adopted by a vast majority. 29
c. Consent to the Conference of Nationality. May a terpretation and enforcement of the 1889 decree, the
state confer its nationality upon another state's national United States declined to protest and advised its nationals
without the latter's consent? Provisions of Peru's 1839 in Brazil to make appropriate declarations of their inten-
constitution, purporting to confer effective Peruvian na- tion to retain United States nationality. 36 A French court,
tionality upon foreigners who had either resided in Peru however, held that the Brazilian legislation was incompati-
for four years and married a Peruvian, or who had ac- ble with international law. 37
quired real property, drew strong British protests in which d. Some publicists contend that it is "contrary to law"
it was asserted that "an incontrovertible principle of the for a state to impose compulsory nationality on aliens by
law of nations" stipulated that . . . "the consent of a reason either of their acquisition of real property 6r of
foreigner is necessary to legalize his naturalization in
their residence of the country. 38 The Harvard Research
another State whatever may be the provisions of the civil
considered it to be "generally recognized" that a state
law of the State on the subject." 30 might not acquire the allegiance of natural persons without
(1) In 1886 the United States protested Mexican
legislation under which foreigners who had acquired real their consent, except under certain special circum-
estate or had children born to them in Mexico were to be stances. 39 In a memorandum to the Hague Codification
considered Mexican citizens unless they officially declared Conference of 1930, the United States observed that it
had taken the position that ". . . as a general rule, no per-
27. 1 League of Nations Docs. 13 (1929). son should have the nationality of a foreign country upon
28. Id. at 145-46.
29. 37 states signed the Convention. However, as of 1 January
1976, only 14 states had ratifled or acceeded to this agreement. The U.S. 31. Id. at 304-06.
has not ratified the Convention. A study published in 1929 revealed that 32. 3 J. Moore, supra, note 30 at 307.
while a significant number of states conferred nationality at birth ex- 33. 5 Brit. Dig. Int'l L. 28 (1965).
clusively on the basis of descent from nationals (jure sanguinis) and a 34. P. Weis, supra, note 7 at 105-07.
,
smaller number on the basis of birth within the territory of the state 35. 5 Brit. Dig. Int'l L. 250 (1965).
cure soli), the great majority had enacted legislation that combined ele- 36. 3 J. Moore, supra, note 30 at 307-10.
ments of both systems, with one or the other serving as a principal 37. Ulmann v. Mi. Pub., 11-12 Rev. de Droit International Prive
standard. See R. Floumoy & M. Hudson, A Collection of Nationality 67, 77 (Trib. Civ. de la Seiie, July 13, 1915). For a discussion of the
Laws (1929); Harvard Research in Intemational Law, supra, note 26 at Argentine legislation of 1954, under which foreigners must state their
11, 80-82. See also, U.N. Secretariat, Laws Concerning Nationality, intention to seek or to refuse Argentine nationality after five years' con-
U.N. Doc. ST/LEG/SER.B/4 (1954), supplemented by tinuous residence, see P. Weis, supra, note 7 at 11 1-13.
ST/LEG/SER.B/9 (1 959). 38. De Viher, Theory and Reality in Public International Law
30. P. Weis, supra, note 7 at 105. For a U.S. protest and conse- 185 (Rev. ed. Corbett trans.1968).
quent Peruvian concessions, see 3 J. Moore, Digesr of International 39. Harvard Research in International Law, supra, note 26 at Art.
Law 302-03 (1906). 5, 11, 53-55.