Opinion of Thomas, J.
Changes in territory generally do not affect the status of a state as an international person. Oppenheim § 57, at 204–205. France, for example, “has over the centuries retained its identity although it acquired, lost and regained parts of its territory, changed its dynasty, was a kingdom, a republic, an empire, again a kingdom, again a republic, again an empire, and is now once more a republic.” Ibid. “Even such loss of territory as occasions the reduction of a major power to a lesser status does not affect the state as an international person.” Id., § 57, at 205. Changes that would affect the status as an international person include the union of two separate international persons or a partial loss of independence. Id., § 58, at 206.
Assuming for the sake of argument that listing a nonrecognized foreign sovereign as a citizen's place of birth on a U. S. passport could have the effect of recognizing that sovereign under international law, no such recognition would occur under the circumstances presented here. The United States has recognized Israel as a foreign sovereign since May 14, 1948. Statement by the President Announcing the Recognition of the State of Israel, Public Papers of the Presidents, Harry S. Truman, p. 258 (1964). That the United States has subsequently declined to acknowledge Israel's sovereignty over Jerusalem has not changed its recognition of Israel as a sovereign state. And even if the United States were to acknowledge Israel's sovereignty over Jerusalem, that action would not change its recognition of Israel as a sovereign state. That is because the United States has already afforded Israel the rights and responsibilities attendant to its status as a sovereign state. Taking a different position on the Jerusalem question will have no effect on that recognition.[1]
- ↑ The analysis might look different if § 214(d) required the President to list as a “place of birth” a country that the United States has never officially recognized. That is not the case here.
