3
nationality becomes apparent with regard to individuals abroad.......especially on account of one particular right and one particular duty of every State towards all other States. The right is that of protection over its citizens abroad....... The duty is that of receiving on its territory such of its citizens as are not allowed to remain on the territory of other States.": Oppenheim p. 645.
(v) "In some Latin American countries the expression
(vi)
citizenship denotes the sum total of political rights of which a person may be deprived by way of punishment or otherwise and thus lose citizenship without being divested of nationality as understood in international law." : Oppenheim p. 644. (See e.g. constitutions of Bolivia and Ecuador.)
"The term citizen is used ambiguously.
In the Commonwealth it is used to indicate which of the several members, U.K., Australia, Canada, etc. a British national (or Commonwealth citizen) is jurisdictionally ascribed. Primarily in its Commonwealth context it is a matter of interest for internal law, but it does have certain international repercussions, as for instance in indicating which of the Members has primary (though not perhaps exclusive) competence to represent the individual abroad.": O'Connell p. 672.
2. Allegiance, and the Right/Duty of Protection
It is well-established in English law since at least Blackstone's days that allegiance by the subject and the duty of protection by the Sovereign are two sides of the same coin:
(i)
(ii)
(iii)
"Allegiance is the tie, or ligament, which binds the subject to the King, in return for that protection which the King affords the subject" : I Blackstone Comm. 366.
"Ligeance is the mutual bond and obligation between the King and his subjects whereby subjects are called his liege subjects because they are bound to obey and serve him; and he is called their liege lord because he should maintain and defend them" : Calvin's Case 7 Rep. 5a
"According to the doctrine of Lord Coke in Calvin's Case, protection and allegiance are correlative" : R. v. Keyn 2 Ex D 236.