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Convention on Certain Questions Relating to the Conflict of Nationality Laws
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Convention on Certain Questions Relating to the Conflict of Nationality Laws
Convention on Certain Questions Relating to the Conflict of Nationality Laws
  Signed and ratified
  Ascended or succeeded
  Denounced
  Signed but not ratified
EffectiveJuly 1, 1937 (1937-07-01)
LanguagesEnglish, 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

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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

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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

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