{
- 4-
(iv) "Allegiance is owed to their sovereign......by his
natural born subjects; so it is by those who, being aliens, become his subjects by naturalisation ;..... Whether you look to the feudal law for the origin of this conception or find it in the elementary necessities of any political society, it is clear that fundamentally it recognises the need of the man for protection and of the sovereign lord for service.": Joyce's Case p. 366 per Lord Jowitt L.C.; see also article per Lauterpacht, 1947 9 CLJ 334.
(v)
"The possession of a passport by a British subject does not increase the sovereign's duty of protection, though it will make his path easier. For him it serves as a voucher and means of identification. But, the possession of a passport by one who is not a British subject gives him rights and imposes on the sovereign obligations which would otherwise not be given or imposed. ...By the possession of that document he is enabled to obtain. in a foreign country the protection extended to British subjects." : per Lord Jowitt L.C. in Joyce v. D.P.P. 1946 AC at 369.
•
Similarly, it is established beyond argument now in both international and in English law that it is nationality which gives to one State as against others the right to exercise protection over its nationals when abroad, both by diplomatic means and, if necessary, as recently in the Falklands Islands, by the use of force.
(i)
"Apart from the question of jurisdiction over persons, nationality is important as forming the basis of international protection of the individual by a State.... In the Mavrommatis case PCIJ Ser A No. 2 at p.12 (1924) the Permanent Court of International Justice said:
"It is an elementary principle of international law that a state is entitled to protect its own subjects when injureā
by acts contrary to international law committed by another State, from whom they have been unable to obtain satisfactions through
the ordinary channels. By taking up the case
...and by resorting to diplomatic action or international proceedings on its behalf, a State is in reality asserting its own rights - its right to ensure in the person of its subjects respect for the rules of international law."; See O'Connell p. 672