Convention on Certain Questions Relating to the Conflict of Nationality Laws explained

Convention on Certain Questions Relating to the Conflict of Nationality Laws
Languages:English, French

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]

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]

Article 1

The first article states that it is up to every state to set its own nationality laws; however, that that power is limited:[6]

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]

Notes and References

  1. Web site: Convention on Certain Questions relating to the Conflict of Nationality Laws . United Nations . United Nations Treaty Series . 30 July 2021 . https://web.archive.org/web/20240212074710/https://treaties.un.org/Pages/LONViewDetails.aspx?src=LON&id=523&chapter=30&clang=_en . 12 February 2024.
  2. Web site: Dual Nationality: TR's 'Self-Evident Absurdity' . David A. . Martin . lecture . October 27, 2004 . University of Virginia School of Law . https://web.archive.org/web/20111217084317/http://www.law.virginia.edu/html/alumni/uvalawyer/sp05/martin_lecture.htm . 2011-12-17 . September 7, 2015.
  3. Statelessness and the Problem of Resolving Nationality Status . Carol A. . Batchelor . International Journal of Refugee Law . 10.1093/ijrl/10.1-2.156 . 1 January 1998 . 10 . 1–2 . 156–182 . 12 January 2023. free .
  4. Nationality and Diplomatic Protection . 2018 . Eileen Denza . 10.1007/s40802-018-0119-4 . Denza . Eileen . Netherlands International Law Review . 65 . 3 . 463–480 . 150320796 . free.
  5. Book: Law among Nations : an Introduction to Public International Law . 12th . Taulbee . James Larry . von Glahn . Gerhard . Routledge . 9781000523584 . 9. Nationality . Dual Nationality . 2022 . 20 February 2024.
  6. Web site: Text of the Convention . 2017-08-07 . https://web.archive.org/web/20141226230108/http://eudo-citizenship.eu/InternationalDB/docs/Convention%20on%20certain%20questions%20relating%20to%20the%20conflict%20of%20nationality%20laws%20FULL%20TEXT.pdf . 2014-12-26 . dead .
  7. Samore . William . Statelessness as Result of Conflict of Nationality Laws . American Journal of International Law . July 1951 . 45 . 3 . 476–494 . 25 March 2021 . . Washington, D.C. . 10.2307/2194545 . 2194545 . 147312560 . 0002-9300 . 7376579759. subscription. Cambridge Core.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Convention on Certain Questions Relating to the Conflict of Nationality Laws".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.