Convention on Certain Questions Relating to the Conflict of Nationality Laws

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

Signed and ratified   Ascended or succeeded   Denounced   Signed but not ratified
Effective	July 1, 1937 (1937-07-01)
Languages	English, 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

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	Acceded	27 April 1931
Netherlands	Ratified	2 April 1937
Norway	Acceded	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	Acceded	18 September 1970
Fiji	Succeeded	15 May 1996
Kiribati	Succeeded	29 November 1983
Lesotho	Succeeded
Liberia	Acceded	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 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

1. "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.
2. 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.
3. 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.
4. 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.
5. 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.
6. "Text of the Convention" (PDF). Archived from the original (PDF) on 2014-12-26. Retrieved 2017-08-07.
7. 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.