Convention on Certain
Questions relating to the Conflict of Nationality Laws
(The Hague, 12 April 1930)
CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY
LAWS
The
President of the German Reich; the Federal President of the Austrian Republic;
His Majesty the King of the Belgians; His Majesty the King of Great Britain,
Ireland and the British Dominions beyond the Seas, Emperor of India; the
President of the Republic of Chile; the President of the National Government of
the Republic of China; the President of the Republic of Colombia; the President
of the Republic of Cuba; His Majesty the King of Denmark and Iceland; the
President of the Polish Republic, for the Free City of Danzig; His Majesty the
King of Egypt; His Majesty the King of Spain; the Government of the Estonian
Republic; the President of the French Republic; the President of the Hellenic
Republic; His Serene Highness the Regent of the Kingdom of Hungary; His Majesty
the King of Denmark and Iceland, for Iceland; His Majesty the King of Italy;
His Majesty the Emperor of Japan; the President of the Latvian Republic; Her
Royal Highness the Grand-Duchess of Luxemburg; the President of the United
States of Mexico; Her Majesty the Queen of the Netherlands; the President of
the Republic of Peru; the President of the Polish Republic; the President of
the Portuguese Republic; the President of the Republic of Salvador; His Majesty
the King of Sweden; the Swiss Federal Council; the President of the
Czechoslovak Republic; the President of the Republic of Uruguay; His Majesty
the King of Yugoslavia,
CONSIDERING that it is of importance to settle
by international agreement questions relating to the conflict of nationality
laws;
BEING CONVINCED that it is in the general interest
of the international community to secure that all its members should recognise
that every person should have a nationality and should have one nationality
only;
RECOGNISING accordingly that the ideal towards
which the efforts of humanity should be directed in this domain is the
abolition of all cases both of statelessness and of double nationality;
BEING OF OPINION that, under the economic and social
conditions which at present exist in the various countries, it is not possible
to reach immediately a uniform solution of all the abovementioned problems;
BEING DESIROUS, nevertheless, as a first step
toward this great achievement, of settling in a first attempt at progressive
codification, those questions relating to the conflict of nationality laws on
which it is possible at the present time to reach international agreement,
HAVE DECIDED to conclude a Convention and have
for this purpose appointed as their Plenipotentiaries:
[Names of plenipotentiaries not reproduced
here.]
WHO, having deposited their full powers found in
good and due form,
HAVE AGREED AS FOLLOWS:
CHAPTER I
GENERAL
PRINCIPLES
Article 1
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.
Article 2
Any
question as to whether a person possesses the nationality of a particular State
shall be determined in accordance with the law of that State.
Article 3
Subject
to the provisions of the present Convention, a person having two or more
nationalities may be regarded as its national by each of the States whose
nationality he possesses.
Article 4
A
State may not afford diplomatic protection to one of its nationals against a
State whose nationality such person also possesses.
Article 5
Within
a third State, a person having more than one nationality shall be treated as if
he had only one. Without prejudice to the application of its law in matters of
personal status and of any conventions in force, a third State shall, of the
nationalities which any such person possesses, recognise exclusively in its
territory either the nationality of the country in which he is habitually and
principally resident, or the nationality of the country with which in the
circumstances he appears to be in fact most closely connected.
Article 6
Without
prejudice to the liberty of a State to accord wider rights to renounce its
nationality, a person possessing two nationalities acquired without any
voluntary act on his part may renounce one of them with the authorisation of
the State whose nationality he desires to surrender.
This
authorisation may not be refused in the case of a person who has his habitual
and principal residence abroad, if the conditions laid down in the law of the
State whose nationality he desires to surrender are satisfied.
CHAPTER II
EXPATRIATION PERMITS
Article 7
In
so far as the law of a State provides for the issue of an expatriation permit,
such a permit 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 unless and until he acquires another nationality.
An
expatriation permit shall lapse if the holder 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 of an individual who, at the time
when he receives the expatriation permit, already possesses a nationality other
than that of the State by which the permit is issued to him.
The
State whose nationality is acquired by a person to whom an expatriation permit
has been issued, shall notify such acquisition to the State which has issued
the permit.
CHAPTER III
NATIONALITY
OF MARRIED WOMEN
Article 8
If
the national law of the wife causes her to lose her nationality on marriage
with a foreigner, this consequence shall be conditional on her acquiring the
nationality of the husband.
Article 9
If
the national law of the wife causes her to lose her nationality upon a change
in the nationality of her husband occurring during marriage, this consequence
shall be conditional on her acquiring her husband's new nationality.
Article 10
Naturalisation
of the husband during marriage shall not involve a change in the nationality of
the wife except with her consent.
Article 11
The
wife who, under the law of her country, lost her nationality on marriage shall
not recover it after the dissolution of the marriage except on her own
application and in accordance with the law of that country. If she does recover
it, she shall lose the nationality which she acquired by reason of the
marriage.
CHAPTER IV
NATIONALITY
OF CHILDREN
Article 12
Rules
of law which confer nationality by reason of birth on the territory of a State
shall not apply automatically to children born to persons enjoying diplomatic
immunities in the country where the birth occurs.
The
law of each State shall permit children of consuls de carrière, or of officials of foreign States charged with
official missions by their Governments, to become divested, by repudiation or
otherwise, of the nationality of the State in which they were born, in any case
in which on birth they acquired dual nationality, provided that they retain the
nationality of their parents.
Article 13
Naturalisation
of the parents shall confer on such of their children as, according to its law,
are minors the nationality of the State by which the naturalisation is granted.
In such case the law of that State may specify the conditions governing the
acquisition of its nationality by the minor children as a result of the
naturalisation of the parents. In cases where minor children do not acquire the
nationality of their parents as the result of the naturalisation of the latter,
they shall retain their existing nationality.
Article 14
A
child whose parents are both unknown shall have the nationality of the country
of birth. If the child's parentage is established, its nationality shall be
determined by the rules applicable in cases where the parentage is known.
A
foundling is, until the contrary is proved, presumed to have been born on the
territory of the State in which it was found.
Article 15
Where
the nationality of a State is not acquired automatically by reason of birth on
its territory, a child born on the territory of that State of parents having no
nationality, or of unknown nationality, may obtain the nationality of the said
State. The law of that State shall determine the conditions governing the
acquisition of its nationality in such cases.
Article 16
If
the law of the State, whose nationality an illegitimate child possesses,
recognises that such nationality may be lost as a consequence of a change in
the civil status of the child (legitimation, recognition), such loss shall be
conditional on the acquisition by the child of the nationality of another State
under the law of such State relating to the effect upon nationality of changes
in civil status.
CHAPTER V
ADOPTION
Article 17
If
the law of a State recognises that its nationality may be lost as the result of
adoption, this loss shall be conditional upon the acquisition by the person
adopted of the 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
adoption upon nationality.
CHAPTER VI
GENERAL
AND FINAL PROVISIONS
Article 18
The
High Contracting Parties agree to apply the principles and rules contained in
the preceding Articles in their relations with each other, as from the date of
the entry into force of the present Convention.
The
inclusion of the abovementioned principles and rules in the Convention shall in
no way be deemed to prejudice the question whether they do or do not already
form part of international law.
It
is understood that, in so far as any point is not covered by any of the
provisions of the preceding Articles, the existing principles and rules of
international law shall remain in force.
Article 19
Nothing
in the present Convention shall affect the provisions of any treaty, convention
or agreement in force between any of the High Contracting Parties relating to
nationality or matters connected therewith.
Article 20
Any
High Contracting Party may, when signing or ratifying the present Convention or
acceding thereto, append an express reservation excluding any one or more of
the provisions of Articles 1 to 17 and 21.
The
provisions thus excluded cannot be applied against the Contracting Party who
has made the reservation nor relied on by that Party against any other
Contracting Party.
Article 21
If
there should arise between the High Contracting Parties a dispute of any kind
relating to the interpretation or application of the present Convention and if
such dispute cannot be satisfactorily settled by diplomacy, it shall be settled
in accordance with any applicable agreements in force between the parties
providing for the settlement of international disputes.
In
case there is no such agreement in force between the parties, the dispute shall
be referred to arbitration or judicial settlement, in accordance with the
constitutional procedure of each of the parties to the dispute. In the absence
of agreement on the choice of another tribunal, the dispute shall be referred
to the Permanent Court of International Justice, if all the parties to the
dispute are parties to the Protocol of 16 December 1920 relating to the Statute
of that Court, and if any of the parties to the dispute is not a party to the
Protocol of 16 December 1920, the dispute shall be referred to an arbitral
tribunal constituted in accordance with the Hague Convention of 18 October 1907
for the Pacific Settlement of International Conflicts.
Article 22
The
present Convention shall remain open until 31 December 1930 for signature on
behalf of any Member of the League of Nations or of any non-Member State
invited to the First Codification Conference or to which the Council of the
League of Nations has communicated a copy of the Convention for this purpose.[1]
Article 23
The
present Convention is subject to ratification. Ratifications shall be deposited
with the Secretariat of the League of Nations.[2]
The
Secretary-General shall give notice of the deposit of each ratification to the
Members of the League of Nations and to the non-Member States mentioned in
Article 22, indicating the date of its deposit.
Article 24
As
from 1 January 1931, any Member of the League of Nations and any non-Member
State mentioned in Article 22 on whose behalf the Convention has not been
signed before that date, may accede thereto.
Accession
shall be effected by an instrument deposited with the Secretariat of the League
of Nations. The Secretary-General of the League of Nations shall give notice of
each accession to the Members of the League of Nations and to the non-Member
States mentioned in Article 22, indicating the date of the deposit of the
instrument.
Article 25
A
procès-verbal shall be drawn up by the Secretary-General of the League of
Nations as soon as ratifications or accessions on behalf of ten Members of the
League of Nations or non-Member States have been deposited.
A
certified copy of this procès-verbal shall be sent by the Secretary-General of
the League of Nations to each Member of the League of Nations and to each
non-Member State mentioned in Article 22.
Article 26
The
present Convention shall enter into force on the 90th day after the date of the
procès-verbal mentioned in Article 25 as regards all Members of the League of
Nations or non-Member States on whose behalf ratifications or accessions have
been deposited on the date of the procès-verbal.[3]
As
regards any Member of the League or non-Member State on whose behalf a
ratification or accession is subsequently deposited, the Convention shall enter
into force on the 90th day after the date of the deposit of a ratification or
accession on its behalf.[4]
Article 27
As
from 1 January 1936, any Member of the League of Nations or any non-Member
State in regard to which the present Convention is then in force, may address
to the Secretary-General of the League of Nations a request for the revision of
any or all of the provisions of this Convention. If such a request, after being
communicated to the other Members of the League and non-Member States in regard
to which the Convention is then in force, is supported within one year by at
least nine of them, the Council of the League of Nations shall decide, after
consultation with the Members of the League of Nations and the non-Member
States mentioned in Article 22, whether a conference should be specially
convoked for that purpose or whether such revision should be considered at the
next conference for the codification of international law.
The
High Contracting Parties agree that, if the present Convention is revised, the
revised Convention may provide that upon its entry into force some or all of
the provisions of the present Convention shall be abrogated in respect of all
of the Parties to the present Convention.
Article 28
The
present Convention may be denounced.
Denunciation
shall be effected by a notification in writing addressed to the
Secretary-General of the League of Nations, who shall inform all Members of the
League of Nations and the non-Member States mentioned in Article 22.
Each
denunciation shall take effect one year after the receipt by the
Secretary-General of the notification but only as regards the Member of the
League or non-Member State on whose behalf it has been notified.
Article 29
1.
Any High Contracting Party may, at the time of signature, ratification or
accession, declare that, in accepting the present Convention, he does not
assume any obligations in respect of all or any of his colonies, protectorates,
overseas territories or territories under suzerainty or mandate, or in respect of
certain parts of the population of the said territories; and the present
Convention shall not apply 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 any time 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 subject of a declaration under the
preceding paragraph, and the Convention shall apply to all the territories or
the parts of their population named in such notice six months after its receipt
by the Secretary-General of the League of Nations.
3.
Any High Contracting Party may, at any time, declare that he desires that the
present Convention shall cease to apply to all or any of his colonies,
protectorates, overseas territories or territories under suzerainty or mandate,
or in respect of certain parts of the population of the said territories, and
the Convention shall cease to apply to the territories or to the parts of their
population named in such declaration one year after its receipt by the
Secretary-General of the League of Nations.
4.
Any High Contracting Party may make the reservations provided for in Article 20
in respect of all or any of his colonies, protectorates, overseas territories
or territories under suzerainty or mandate, or in respect of certain parts of
the population of these territories, at the time of signature, ratification or
accession to the Convention or at the time of making a notification under the
second paragraph of this Article.
5.
The Secretary-General of the League of Nations shall communicate to all the
Members of the League of Nations and the non-Member States mentioned in Article
22 all declarations and notices received in virtue of this Article.
Article 30
The
present Convention shall be registered by the Secretary-General of the League
of Nations as soon as it has entered into force.
Article 31
The
French and English texts of the present Convention shall both be authoritative.
IN FAITH WHEREOF the Plenipotentiaries have signed
the present Convention.
DONE at The Hague on the twelfth day of April, one
thousand nine hundred and thirty, in a single copy, which shall be deposited in
the archives of the Secretariat of the League of Nations and of which certified
true copies shall be transmitted by the Secretary-General to all the Members of
the League of Nations and all the non-Member States invited to the First
Conference for the Codification of International Law.
[Signatures not reproduced here.]
[1] Signed for Australia 12 April 1930.
[2] Instrument of ratification deposited for
Australia 10 November 1937.
[3] The Convention entered into force generally 1
July 1937.
[4] The Convention entered into force for Australia
8 February 1938.
http://www.austlii.edu.au/au/other/dfat/treaties/1938/4.html