Subject: Re: SMOM
Date: Jan 27, 2003 @ 19:59
Author: Joachim Duester <jduester@pobox.com> ("Joachim Duester <jduester@...>" <jduester@...>)
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--- In BoundaryPoint@yahoogroups.com, "John Seeliger" <jseelige@a...>
wrote:

> So, does this imply that a person born in the X embassy to country
Y, was
> not in fact born in X? For example, a person born in the US embassy to
> Italy.

A person born in the premises of the US embassy in Rome is of course
born in Italy!

Please remember also that in most countries of the world, nationality
is inherited from the parents (ius sanguinis), not acquired through
(possibly just accidental) birth in a particular country (ius solis).
The son of an Afghani father born in Guantanmo would automatically
inherit Afghani nationality from his father. If Cuba would follow the
ius solis (which I don't know but which I don't consider likely), the
child might have both Afghani and Cuban nationality from birth. But
most ius soli countries require more conditions to be fulfilled than
just accidental birth on its territories, so one would have to look
into Cuban nationality laws more closely.


> Also, I recall that Churchill signed a proclamation making a certain
> hospital room Yugoslavian territory for a day after the war so that
the heir
> apparent to the Yugoslavian throne could in fact be born in that
country.
>
> http://www.royalfamily.org/family/hrhcpa_bio.htm

A nice story, but bloody nonsense, if you permit, from a legal point
of view. To cede any part of the United Kingdom to a foreign country,
it would require an Act of Parliament, not just permission from the
Prime Minister. Probably this was just a verbal courtesy to please the
exiled family. And a hospital room is not "territory", only perhaps
the plot the hospital is built on.

Joachim Duester