Convention on Certain Questions Relating to the Conflict of Nationality Laws
 Signed and ratified
Ascended or succeeded
Denounced
Signed but not ratified | |
| Effective | July 1, 1937 |
|---|---|
| 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]
Ratification
| Party | State | Date |
|---|---|---|
 Belgium |
 Ratified |
4 April 1939 |
 Brazil |
Ratified |
19 September 1931 |
 United Kingdom |
Ratified |
6 April 1934 |
 Canada |
Ratified |
6 April 1934 |
 Australia |
Ratified |
10 November 1937 |
 India |
Ratified |
7 October 1935 |
 China |
Ratified |
14 February 1935 |
 Monaco |
Acceeded |
27 April 1931 |
 Netherlands |
Ratified |
2 April 1937 |
 Norway |
Acceeded |
16 March 1931 |
 Poland |
Ratified |
15 June 1934 |
 Sweden |
Ratified |
6 July 1933 |
 Austria |
Signed | |
| Canada |
 Denounced |
15 May 1996 |
 Cyprus |
Succeeded | 27 March 1970 |
 Eswatini |
Acceeded |
18 September 1970 |
 Fiji |
Succeeded | 15 May 1996 |
 Kiribati |
Succeeded | 29 November 1983 |
 Lesotho |
Succeeded | |
 Liberia |
Acceeded |
16 September 2005 |
 Malta |
Succeeded | 16 August 1996 |
 Mauritius |
Succeeded | 18 July 1969 |
 Pakistan |
Succeeded | 29 July 1953 |
 Zimbabwe |
Succeeded | 1 December 1998 |
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]
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
- ^ "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.
- . Retrieved 12 January 2023.
- S2CID 150320796.
- ISBN 9781000523584. Retrieved 20 February 2024.
- ^ "Text of the Convention" (PDF). Archived from the original (PDF) on 2014-12-26. Retrieved 2017-08-07.
- .
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