Convention on Certain Questions Relating to the Conflict of Nationality Laws
May 02, 2024
The Convention on Certain Questions Relating to the Conflict of Nationality Laws (French: Convention concernant certaines questions relatives aux conflits de lois sur la nationalité) was a League of Nations convention adopted during the League of Nations Codification Conference, 1930 in The Hague. It was signed by many states, but ratified by only twenty-three.[1][2]
Convention on Certain Questions Relating to the Conflict of Nationality Laws
Aspects of the convention have become "modern state practice" internationally, beyond the states that ratified the convention. For example, Articles 3 to 6 relating to the provision of diplomatic protection and assistance when a person with multiple citizenship is abroad are generally followed, often named the Master Nationality Rule, despite the absence of a treaty.[4][5]
The first article states that it is up to every state to set its own nationality laws; however, that that power is limited:[6]
It is for each State to determine under its own law who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognised with regard to nationality.
However, the Convention recognised that individual national laws without regarding the broader international scope could lead to statelessness. Citing that acquisition and loss of nationality typically occurred by birth, minority, or marriage, the convention made proposals to counter the rise of statelessness.[7]
Referencesedit
^. United Nations Treaty Series. United Nations. Archived from the original on 12 February 2024. Retrieved 30 July 2021.
^Martin, David A. (October 27, 2004). (lecture). University of Virginia School of Law. Archived from the original on 2011-12-17. Retrieved September 7, 2015.
^Batchelor, Carol A. (1 January 1998). "Statelessness and the Problem of Resolving Nationality Status". International Journal of Refugee Law. 10 (1–2): 156–182. doi:10.1093/ijrl/10.1-2.156. Retrieved 12 January 2023.
^Denza, Eileen (2018). "Nationality and Diplomatic Protection". Netherlands International Law Review. 65 (3). Eileen Denza: 463–480. doi:10.1007/s40802-018-0119-4. S2CID 150320796.
^Taulbee, James Larry; von Glahn, Gerhard (2022). "9. Nationality". Law among Nations : an Introduction to Public International Law (12th ed.). Routledge. Dual Nationality. ISBN9781000523584. Retrieved 20 February 2024.
^(PDF). Archived from the original (PDF) on 2014-12-26. Retrieved 2017-08-07.
^Samore, William (July 1951). "Statelessness as Result of Conflict of Nationality Laws". American Journal of International Law. 45 (3). Washington, D.C.: American Society of International Law: 476–494. doi:10.2307/2194545. ISSN 0002-9300. JSTOR 2194545. OCLC 7376579759. S2CID 147312560. Retrieved 25 March 2021 – via Cambridge Core.
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convention, certain, questions, relating, conflict, nationality, laws, french, convention, concernant, certaines, questions, relatives, conflits, lois, nationalité, league, nations, convention, adopted, during, league, nations, codification, conference, 1930, . The Convention on Certain Questions Relating to the Conflict of Nationality Laws French Convention concernant certaines questions relatives aux conflits de lois sur la nationalite was a League of Nations convention adopted during the League of Nations Codification Conference 1930 in The Hague It was signed by many states but ratified by only twenty three 1 2 Convention on Certain Questions Relating to the Conflict of Nationality Laws Signed and ratified Ascended or succeeded Denounced Signed but not ratifiedEffectiveJuly 1 1937 1937 07 01 LanguagesEnglish French It was the first international attempt to ensure that all natural persons had a nationality and to resolve some of the issues from conflict of possible nationalities This was later refined by the 1961 Convention on the Reduction of Statelessness the 1963 Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality and the 1997 European Convention on Nationality 3 Aspects of the convention have become modern state practice internationally beyond the states that ratified the convention For example Articles 3 to 6 relating to the provision of diplomatic protection and assistance when a person with multiple citizenship is abroad are generally followed often named the Master Nationality Rule despite the absence of a treaty 4 5 Ratification editParty State Date nbsp Belgium nbsp Ratified 4 April 1939 1939 04 04 nbsp Brazil nbsp Ratified 19 September 1931 1931 09 19 nbsp United Kingdom nbsp Ratified 6 April 1934 1934 04 06 nbsp Canada nbsp Ratified 6 April 1934 1934 04 06 nbsp Australia nbsp Ratified 10 November 1937 1937 11 10 nbsp India nbsp Ratified 7 October 1935 1935 10 07 nbsp China nbsp Ratified 14 February 1935 1935 02 14 nbsp Monaco nbsp Acceded 27 April 1931 1931 04 27 nbsp Netherlands nbsp Ratified 2 April 1937 1937 04 02 nbsp Norway nbsp Acceded 16 March 1931 1931 03 16 nbsp Poland nbsp Ratified 15 June 1934 1934 06 15 nbsp Sweden nbsp Ratified 6 July 1933 1933 07 06 nbsp Austria Signed nbsp Canada nbsp Denounced 15 May 1996 1996 05 15 nbsp Cyprus Succeeded 27 March 1970 1970 03 27 nbsp Eswatini nbsp Acceded 18 September 1970 1970 09 18 nbsp Fiji Succeeded 15 May 1996 1996 05 15 nbsp Kiribati Succeeded 29 November 1983 1983 11 29 nbsp Lesotho Succeeded nbsp Liberia nbsp Acceded 16 September 2005 2005 09 16 nbsp Malta Succeeded 16 August 1996 1996 08 16 nbsp Mauritius Succeeded 18 July 1969 1969 07 18 nbsp Pakistan Succeeded 29 July 1953 1953 07 29 nbsp Zimbabwe Succeeded 1 December 1998 1998 12 01 Article 1 editThe first article states that it is up to every state to set its own nationality laws however that that power is limited 6 It is for each State to determine under its own law who are its nationals This law shall be recognised by other States in so far as it is consistent with international conventions international custom and the principles of law generally recognised with regard to nationality However the Convention recognised that individual national laws without regarding the broader international scope could lead to statelessness Citing that acquisition and loss of nationality typically occurred by birth minority or marriage the convention made proposals to counter the rise of statelessness 7 References edit Convention on Certain Questions relating to the Conflict of Nationality Laws United Nations Treaty Series United Nations Archived from the original on 12 February 2024 Retrieved 30 July 2021 Martin David A October 27 2004 Dual Nationality TR s Self Evident Absurdity lecture University of Virginia School of Law Archived from the original on 2011 12 17 Retrieved September 7 2015 Batchelor Carol A 1 January 1998 Statelessness and the Problem of Resolving Nationality Status International Journal of Refugee Law 10 1 2 156 182 doi 10 1093 ijrl 10 1 2 156 Retrieved 12 January 2023 Denza Eileen 2018 Nationality and Diplomatic Protection Netherlands International Law Review 65 3 Eileen Denza 463 480 doi 10 1007 s40802 018 0119 4 S2CID 150320796 Taulbee James Larry von Glahn Gerhard 2022 9 Nationality Law among Nations an Introduction to Public International Law 12th ed Routledge Dual Nationality ISBN 9781000523584 Retrieved 20 February 2024 Text of the Convention PDF Archived from the original PDF on 2014 12 26 Retrieved 2017 08 07 Samore William July 1951 Statelessness as Result of Conflict of Nationality Laws American Journal of International Law 45 3 Washington D C American Society of International Law 476 494 doi 10 2307 2194545 ISSN 0002 9300 JSTOR 2194545 OCLC 7376579759 S2CID 147312560 Retrieved 25 March 2021 via Cambridge Core nbsp This article related to international law is a stub You can help Wikipedia by expanding it vte nbsp This article related to a treaty is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Convention on Certain Questions Relating to the Conflict of Nationality Laws amp oldid 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