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Chapter I

1) The document discusses principles of nationality and international law regarding who is considered a national of a state. It covers topics like nationality of children, married women, those with dual nationality, and loss of nationality. 2) It establishes that each state determines who are its nationals under its own law, and addresses questions of dual nationality, diplomatic protection, and how third states should treat those with multiple nationalities. 3) The document also covers rules around expatriation permits, effects of parental naturalization on child nationality, and loss of nationality due to changes in civil status like legitimation or recognition of children.

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Robelen Callanta
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0% found this document useful (0 votes)
39 views5 pages

Chapter I

1) The document discusses principles of nationality and international law regarding who is considered a national of a state. It covers topics like nationality of children, married women, those with dual nationality, and loss of nationality. 2) It establishes that each state determines who are its nationals under its own law, and addresses questions of dual nationality, diplomatic protection, and how third states should treat those with multiple nationalities. 3) The document also covers rules around expatriation permits, effects of parental naturalization on child nationality, and loss of nationality due to changes in civil status like legitimation or recognition of children.

Uploaded by

Robelen Callanta
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
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he is habitually and principally resident, or the

nationality of the country with which in the


CHAPTER I circumstances he appears to be in fact most
closely connected.
GENERAL PRINCIPLES.
Article 6.
Article 1. Without prejudice to the liberty of a State to
It is for each State to determine under its own accord wider rights to renounce its nationality,
law who are its nationals. This law shall be a person possessing two nationalities acquired
recognised by other States in so far as it is without any voluntary act on his part may
consistent with international conventions, renounce one of them with the authorisation
international custom, and the principles of law of the State whose nationality he desires to
generally recognised with regard to surrender.
nationality. This authorisation may not be refused in the
case of a person who has his habitual and
principal resident abroad, if the conditions laid
Article 2. down in the law of the State whose nationality
Any question as to whether a person possesses he desires to surrender are satisfied.
the nationality of a particular State shall be
determined in accordance with the law of the
State. CHAPTER II.

EXPATRIATION PERMITS.
Article 3.
Subject to the provisions of the present
Article 7.
Convention, person having two or more
nationalities may be regarded as its national In so far as the law of a State provides for the
by each of the States whose nationality he issue of an expatriation permit, such a permit
possesses. shall not entail the loss of the nationality of the
State which issues it, unless the person to whom
it is issued possesses another nationality or
Article 4. unless and until he acquires another
nationality.
A State may not afford diplomatic protection
to one of its national against a State whose An expatriation permit shall lapse if the holder
nationality such person also possesses. does not acquire a new nationality within the
period fixed by the State which has issued the
permit. This provision shall not apply in the case
Article 5. of an individual who, at the time when he
Within a third State, a person having more than receives the expatriation permit, already
one nationality shall be treated as if he had possesses a nationality other than that of the
only one. Without prejudice to the application State by which the permit is issued to him.
of its law in matters of personal status and of The State whose nationality is acquired by a
any conventions in force, a third State shall, of person to whom an expatriation permit has
the nationalities which any such person been issued, shall notify such acquisition to the
possesses, recognise exclusively in its territory State which has issued the permit.
either the nationality of the country in which
apply automatically to children born to
CHAPTER III. persons enjoying diplomatic immunities in the
country where the birth occurs.

NATIONALITY OF MARRIED WOMEN. The law of each State shall permit children of
consuls de carrire, or of officials of foreign
States charged with official missions by their
Article 8. Governments, to become divested, by
repudiation or otherwise, of the nationality of
If the national law of the wife causes her to lose
the State in which they were born, in any case
her nationality on marriage with a foreigner,
in which on birth they acquired dual
this consequence shall be conditional on her
nationality, provided that they retain the
acquiring the nationality of the husband.
nationality of their parents.

Article 9. Article 13.


If the national law of the wife causes her to lose
Naturalisation of the parents shall confer on
her nationality upon a change in the
such of their children as, according to its law,
nationality of her husband occurring during
are minors the nationality of the State by which
marriage, this consequence shall be
the naturalisation is granted. In such case the
conditional on her acquiring her husband's
law of that State may specify the conditions
new nationality.
governing the acquisition of its nationality by
the minor children as a result of the
naturalisation of the parents. In cases where
Article 10
minor children do not acquire the nationality
Naturalisation of the husband during marriage of their parents as the result of the
shall not involve a change in the nationality of naturalisation of the latter, they shall retain
the wife except with her consent. their existing nationality.

Article 11 Article 14.


The wife who, under the law of her country, lost A child whose parents are both unknown shall
her nationality on marriage shall not recover it have the nationality of the country of birth. If
after the dissolution of the marriage except on the child's parentage is established, its
her own application and in accordance with nationality shall be determined by the rules
law of that country. If she does recover it, she applicable in cases where the parentage is
shall lose the nationality which she acquired known.
by reason of the marriage.
A foundling is, until the contrary is proved,
presumed to have been born on the territory
CHAPTER IV. of the State in which its was found.

NATIONALITY OF CHILDREN. Article 15.


Where the nationality of a State is not
Article 12 acquired automatically by reason of birth on
its territory, a child born on the territory of that
Rules of law which confer nationality by reason State of parents having no nationality, or of
of birth on the territory of a State shall not unknown nationality, may obtain the
nationality of the said State. The law of that whether they do or do not already form part
State shall determine the conditions governing of international law.
the acquisition of its nationality in such cases.
It is understood that, in so far as any point is not
covered by any of the provisions of the
Article 16. preceding articles, the existing principles and
rules of international law shall remain in force.
If the law of the State, whose nationality an
illegitimate child possesses, recognises that
such nationality may be lost as a Article 19.
consequence of a change in the civil status of
Nothing in the present Convention shall affect
the child (legitimation, recognition), such loss
the provisions of any treaty, convention or
shall be conditional on the acquisition by the
agreement in force between any of the High
child of the nationality of another State under
Contracting Parties relating to nationality or
the law of such State relating to the effect
matters connected therewith.
upon nationality of changes in civil status.

CHAPTER V. Article 20.


Any High Contracting Party may, when signing
ADOPTION. or ratifying the present Convention or
acceding thereto, append an express
reservation excluding any one or more of the
Article 17. provisions of Articles 1 to 17 and 21.

If the law of a State recognises that its The provisions thus excluded cannot be
nationality may be lost as the result of applied against the Contracting Party who
adoption, this loss shall be conditional upon has made the reservation nor relied on by that
the acquisition by the person adopted of the Party against any other Contracting Party.
nationality of the person by whom he is
adopted, under the law of the State of which
the latter is a national relating to the effect of Article 21.
adoption upon nationality.
If there should arise between the High
contracting Parties a dispute of any kind
relating to the interpretation or application of
CHAPTER VI.
the present Convention and if such dispute
cannot be satisfactorily settled by diplomacy,
GENERAL AND FINAL PROVISIONS. it shall be settled in accordance with any
applicable agreements in force between the
parties providing for the settlement of
Article 18. international disputes.
The High Contracting Parties agree to apply In case there is no such agreement in force
the principles and rules contained in the between the parties, the dispute shall be
preceding articles in their relations with each referred to arbitration or judicial settlement, in
other, as from the date of the entry into force accordance with the constitutional procedure
of the present Convention. of each of the parties to the dispute. In the
The inclusion of the above-mentioned absence of agreement on the choice of
principles and rules in the Convention shall in another tribunal, the dispute shall be referred
no way be deemed to prejudice the question to the Permanent Court of International
Justice, if all the parties to the dispute are
parties to the Protocol[1] of the 16th
December, 1920, relating to the Statute of that Article 25.
Court, and if any of the parties to the dispute
is not a party to the Protocol of the 16th A procs-verbal shall be drawn up by the
December, 1920, the dispute shall be referred Secretary-General of the League of Nations as
to an arbitral tribunal constituted in soon as raitfications or accessions on behalf of
accordance with the Hague Convention[2] of ten Members of the League of Nations or non-
the 18th October, 1907, for the Pacific Member States have been deposited.
Settlement of International Conflicts.
A certifies copy of this procs-verbal shall be
sent by the Secretary-General of the League
Article 22. of Nations to each Member of the League of
Nations and to each non-Member State
The present Convention shall remain open until mentioned in Article 22.
the 31st December, 1930, for signature on
behalf of any Member of the League of
Nations or of any non-Member State invited to Article 26.
the First Codification Conference or to which
The present Convention shall enter into force
the Council of the League of Nations has
on the 90th day after the date of the procs-
communicated a copy of the Convention for
verbal mentioned in Article 25 as regards all
this purpose.
Members of the League of Nations or non-
Member States on whose behalf ratifications
Article 23. or accessions have been deposited on the
date of the procs-verbal.
The present Convention is subject to
As regards any Member of the League or non-
ratification. Ratifications shall be deposited
with the Secretariat of the League of Nations. Member State on whose behalf a ratification
or accession is subsequently deposited, the
The Secretary-General shall give notice of the Convention shall enter into force on the 90th
deposit of each ratification to the Members of day after the date of the deposit of a
the League of Nations and to the non-Member ratification or accession on its behalf.
States mentioned in Article 22, indicating the
date of its deposit.
Article 27.
Article 24. As from January 1st, 1936, any Member of the
League of Nations or nay non-Member State
As from January 1st, 1931, any Member of the in regard to which the present Convention is
League of Nations and any non-Member State then in force, may address to the Secretary-
mentioned in Article 22 on whose behalf the General of the League of Nations a request for
Convention has not been signed before that the revision of any or all of the provisions of this
date, may accede thereto. Convention. If such a request, after being
communicated to the other Members of the
Accession shall be effected by an instrument
League and non-Member States in regard to
deposited with the Secretariat of the League
which the Convention is then in force, is
of Nations. The Secretary-General of the
supported within one year by at least nine of
League of Nations shall give notice of each
them, the Council of the League of Nations
accession to the Members of the League of
shall decide, after consultation with the
Nations and to the non-Member States
Members of the League of Nations and the
mentioned in Article 22, indicating the date of
non-Member States mentioned in Article 22,
the deposit of the instrument.
whether a conference should be specially
convoked for that purpose or whether such subject of a declaration under the preceding
revision should be considered at the next paragraph, and the Convention shall apply to
conference for the codification of all the territories or the parts of their population
international law. named in such notice six months after its
receipt by the Secretary-General of the
The High Contracting Parties agree that, if the league of Nations.
present Convention is revised, the revised
Convention may provide that upon its entry 3. Any High Contracting Party may, at any
into force some or all of the provisions of the time, declare that he desires that the present
present Convention shall be abrogated in Convention shall cease to apply to all or any
respect of all of the Parties to the present of his colonies, protectorates, overseas
Convention. territories or territories under suzerainty or
mandate, or in respect of certain parts of the
population of the said territories, and the
Article 28. Convention shall cease to apply to the
territories or to the parts of their population
The present Convention may be denounced.
named in such declaration one year after its
Denunciation shall be effected by a receipt by the Secretary-General of the
notification in writing addressed to the League of Nations.
Secretary-General of the League of Nations,
4. Any High Contracting Party may make
who shall inform all Members of the League of
the reservations provided to an Article 20 in
Nations and the non-Member States
respect of all or any of his colonies,
mentioned in Article 22.
protectorates, overseas territories or territories
Each denunciation shall take effect one year under suzerainty or mandate, or in respect of
after the receipt by the Secretary-General of certain parts of the population of these
the notification by only as regards the Member territories, at the time of signature, ratification
of the League or non-Member State on whose or accession to the Convention or at the time
behalf it has been notified. making a notification under the second
paragraph of this article.

Article 29. 5. The Secretary-General of the League of


Nations shall communicate to all the Members
1. Any High Contracting Party may, at the of the League of Nations and the non-Member
time of signature, ratification or accession, States mentioned in Article 22 all declarations
declare that, in accepting the present and notices received in virtue of this article.
Convention, he does not assume any
obligations in respect of all or any of his
colonies, protectorates, overseas territories or Article 30.
territories under suzerainty or mandate, or in
The present Convention shall be registered by
respect of certain parts of the population of
the Secretary-General of the League of
the said territories; and the present
Nations as soon as it has entered into force.
Convention shall not ally to any territories or to
the parts of their population named in such
declaration.
2. Any High Contracting Party may give
notice to the Secretary-General of the League
of Nations at anytime subsequently that he
desires that the Convention shall apply to all or
any of his territories or to the parts of their
population which have been made the

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