Convention on Certain Questions Relating to the Conflict of Nationality Law

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 HIGHNESSTHE RECENT OF THE KINGDOM OF HUNGARY;

HIS MAJESTY THE KING OF DENMARK AND ICELAND, FOR ICELAND;

HIS MAJESTY THE KING OF ITALY;

HIS MAJESTY THE EMPERROR 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 above-mentioned 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:

THE PRESIDENT OF THE GERMAN REICH:

M. GÖPPENT, Minister Plenipotentiary;

M. H. HERING, Privy Councillor, Head of Department at the Ministry of the Interior of the Reich.

THE FEDERAL PRESIDENT OF THE AUSTRIAN REPUBLIC:

Dr. Marc LEFTMAIER, Legal Adviser of the Federal Chancellery, Department for Foreign Affairs.

HIS MAJESTY THE KING OF THE BELGIANS:

M. J. DE RUELLE, Legal Adviser of the Ministry for Foreign Affairs.

HIS MAJESTY THE KING OF GREAT BRITAIN, IRELAND AND THE BRITISH DOMINIONS BEYOND THE SEAS, EMPEROR OF INDIA:

FOR GREAT BRITAIN AND NORTHERN IRELAND, AND ALL PARTS OF THE BRITISH EMPIRE WICH ARE NOT SEPARATE MEMBERS OF THE LEAGUE OF NATIONS;

Sir Maurice GWYER, K.C.B., His Majesty's Procurator-General and Solicitor for the Affairs of His Majesty's Treasury;

Mr. O.F. DOWSON, O.B.E., Assistant Legal Adviser to the Home Office.

FOR THE DOMINION OF CANADA:

The Honourable Philippe Roy, Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic.

FOR THE COMMONWEALTH OF AUSTRALIA:

Sir Maurice GWYER, K.C.B., His Majesty's Procurator-General and Solicitor for the Affairs of His Majesty's Treasury:

Mr. O.F. DOWSON, O.B.E., Assistant Legal adviser to the Home Office.

FOR THE UNION OF SOUTH AFRICA:

Mr. C. W. H. LANSDOWN, K.C., B.A., LL.B, Senior Law Adviser to the Government of the Union of South Africa, ex-Attorney-General of the Province of the Cape of Good Hope.

FOR THE IRISH FREE STATE:

Mr. John J. HEARNE, Legal Adviser to the Department of External Affairs.

FOR INDIA:

Sir Basanta KUMAR MULLICK, I.C.S., Member of the Council of India, former Judge of the High Court at Patna.

THE PRESIDENT OF THE REPUBLIC OF CHILE:

M. Miguel CRUCHAGA-TOCORNAL, former Prime Minister, former Ambassador to the President of the United States of America, former Professor of International Law, President of the Mixed Claims Commissions between Mexico and Germany and Mexico and Spain;

M. Alejandro ALVAREZ, Member of the Institute of France, Member and former Vice-President of the Institute of International Law, Legal Adviser of the Chilean Legations in Europe;

Vice-Admiral Hipólito MARCHANT, Permanent Naval Delegate to the League of Nations.

THE PRESIDENT OF THE NATIONAL GOVERNMENT OF THE REPUBLIC OF CHINA:

Dr. Woo KAISENG, Minister Plenipotentiary, Director of the Permanent Office of the Chinese Delegation accredited to the League of Nations, Chargé d'Affaires at Berne.

THE PRESIDENT OF THE REPUBLIC OF COLOMBIA:

M. Antonio José RESTREPO, Permanent Delegate accredited to the League of Nations, Envoy Extraordinary and Minister Plenipotentiary, Member of the Chamber of Representatives;

M. Francisco José URRUTIA, former Minister for Foreign Affairs, Permanent Delegate accredited to the League of Nations, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council.

THE PRESIDENT OF THE REPUBLIC OF CUBA:

Dr. A. DIAZ DE VILLAR, Envoy Extraordinary and Minister Plenipotentiary to Her Majesty the Queen of the Netherlands;

Dr. C. DE ARMENTEROS, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council.

HIS MAJESTY THE KING OF DENMARK AND ICELAND:

M. F. C. MARTENSEN-LARSEN, Director at the Ministry of the Interior;

M. V. L. LORCK, Director of Navigation, Captain.

THE PRESIDENT OF THE POLISH REPUBLIC, FOR THE FREE CITY OF DANZIG:

M. Stefan SIECZKOWSKI, Under-Secretary of State at the Polish Ministry of Justice.

HIS MAJESTY THE KING OF EGYPT:

Abd el Hamid BADAQUI Pasha, President of the Litigation Committee;

Mourad Sid AHMED Bey, Royal Counsellor.

HIS MAJESTY THE KING OF SPAIN:

M. Antonio GOJCOECHEA, former Minister of the Interior, Member of the Permanent Court of Arbitration, Member of the Royal Academy of Naval and Political Sciences, Member of the General Codification Commission of Spain, Professor of International Law at the Diplomatic Institute of Madrid.

THE GOVERNMENT OF THE ESTONIAN REPUBLIC:

M. Ants PIIP, Professor of International Law at the University of Tartu, former Chief of State, former Minister for Foreign Affairs;

M. Alexandre VARMA, Mag. Jur., Director of Administrative Questions at the Ministry for Foreign Affairs.

THE PRESIDENT OF THE FRENCH REPUBLIC:

M. P. MATIER, Member of the Institute, Procurator-General at the "Cour de Cassation";

M. A. KAMMERER, ENVOY Extraordinary and Minister Plenipotentiary to Her Majesty the Queen of the Netherlands.

THE PRESIDENT OF THE HELLENIC REPUBLIC:

M. N. POLITIS, former Minister for Foreign Affairs, Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic;

M. Megalos A. CALOYANNI, former Counsellor at the High Court of Appeal of Egypt, former Judge ad hoc of the Permanent Court of International Justice;

M. J. SPIROPOGLOS, Professor of International Law at the University of Salonika.

HIS SERENE HIGHNESS THE RECENT OF THE KINGDOM OF HUNGARY:

M. Jean PELÉNYI, Resident Minister, Head of the Permanent Hungarian Delegation accredited to the League of Nations.

HIS MAJESTY THE KING OF DENMARK AND ICELAND, FRO ICELAND:

M. Sveinn BJRRNSSON, Envoy Extraordinary and Minister Plenipotentiary, Representative of Iceland in Denmark.

HIS MAJESTY THE KING OF ITALY:

Professor Amedeo GLANNINI, Minister Plenipotentiary, Councillor of State.

HIS MAJESTY THE EMPEROR OF JAPAN:

Viscount Kintomo MUSHAKOJI, Envoy Extraordinary and Minster Plenipotentiary accredited to His Majesty the King of Sweden.

THE PRESIDENT OF THE LATVIAN REPUBLIC:

M. Ch. DUZMANS, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Yugoslavia, Permanent Delegate accredited to the League of Nations;

M. R. AKMENTIN, Legal Adviser at the Ministry for Foreign Affairs, Professor in the Faculty of Law at the University of Riga.

HER ROYAL HIGHNESS THE GRAND-DUCHESS OF LUXEMBURG:

Dr. Conrad STUMPER, Counsellor of Government.

THE PRESIDENT OF THE UNTIED STATES OF MEXICO:

M. Eduardo SUAREZ, Head of the Legal Department at the Ministry for Foreign Affairs.

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

M. W. J. M. VAN EYSINGA, Professor of Law at the University of Leyden, Member of the Permanent Court of Arbitration;

Dr. J. KOSIERS, Counsellor at the Supreme Court.

THE PRESIDENT OF THE REPUBLIC OF PERU:

M. Mariano H. CORNEJO, Representative on the Council of the League of Nations, Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic.

THE PRESIDENT OF THE POLISH REPUBLIC:

M. Stefan SIECZEOWSKI, Under-Secretary of State at the Ministry of Justice;

Dr. S. RUNDSTEIN, Legal Adviser at the Ministry for Foreign Affairs;

Professor, J. MAKOWSKI, Chief of the Treaty Section in the Ministry for Foreign Affairs.

THE PRESIDENT OF THE PORTUGUESE REPUBLIC:

Dr. José CAEIRO DA MATTA, Rector of the University of Lishon, Professor at the Coimbra and Lishon Faculties of Law, Vice-President of the Higher Council of Public Education;

Dr. José Maria VILHENA BARBOSA DE MAGALHAES, Professor of Law at the University of Lishon Member of the Committee of Experts for the Progressive Codification of International Law of the League of Nations, former Minister for Foreign Affairs, of Justice and of Public Education;

Dr. José LOBO D'AVILA LIMA, Professor of Law at the Universities of Lisbon and Coimbra, Legal Adviser at the Ministry for Foreign Affairs.

THE PRESIDENT OF THE REPUBLIC OF SALVADOR:

Dr. J. Gustavo GUERRERO, Permanent Delegate accredited to the League of Nations, Envoy Extraordinary and Minister Plenipotentiary to the President of the French Republic.

HIS MAJESTY THE KING OF SWEDEN:

M. Karl Ivan WESTMAN, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council.

THE SWISS FEDERAL COUNCIL:

M. Victor MERZ, Federal Juge;

M. Paul DINICHERT, Minister Plenipotentiary, Chief of the Division for Foreign Affairs in the Federal Political Department.

THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:

M. Miroslav PLESINGER BOZINOV, Envoy Extraordinary and Minister Plenipotentiary to Her Majesty the Queen of the Netherlands;

Dr. Vàclav JOACHIM, Chief of Section in the Ministry of the Interior, Privatdozent of Public Law, Assistant Director of the Free School of Political Sciences at Prague.

THE PRESIDENT OF THE REPUBLIC OF URUGUAY:

Dr. Enrique BUERO, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the king of the Belgians and to Her Majesty the Queen of the Netherlands.

HIS MAJESTY THE KING OF YUGOSLAVIA:

M. Ilia CHOUMENKOVITCH, Permanent Delegate accredited to the League of Nations, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council.

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 the State.

Article 3.

Subject to the provisions of the present Convention, 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 national 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 resident 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 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 its 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 above-mentioned 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[1] of the 16th 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 the 16th December, 1920, the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention[2] of the 18th October, 1907, for the Pacific Settlement of International Conflicts.

Article 22.

The present Convention shall remain open until the 31st 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.

Article 23.

The present Convention is subject to ratification. Ratifications shall be deposited with the Secretariat of the League of Nations.

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 January 1st, 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 raitfications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited.

A certifies 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.

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.

Article 27.

As from January 1st, 1936, any Member of the League of Nations or nay 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 by 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 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 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 to an 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 making a notification under the second paragraph of this article.

5.         TheSecretary-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.

Germany:

Göppert Hering

Austria:

Leitmaier

Belgium:

J.de Ruelle

Sous réserve d'adhésion ultérieure pour la Colonie du Congo et les Territoires sous mandat[3].

Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members of the League of Nations:

Maurice Gwyer
Oscar F. Dowson

Canda:

Philippe Roy

Australia:

Maurice Gwyer
Oscar F. Dowson

Union of South Africa:

Chartes W. H. Lansdown

Orosj Free State:

John J. Hearne

India:

In accordance with the provisions of Article 29 of this Convention I declare that His Britannic Majesty does not assume any obligation in respect of the territories in India of any Prince or Chief under His Suzerainty or the population of the Said territories[4].

Basanta Kumar Mullick

Chile:

Miguel Cruchaga
Alejandro Alyarez
H. Marchant

China:

Sous réserve de l'article 4[5]

Woo Kaiseng

Colombia:

A. J. Restrepo
Francisco José Urrutia
Sous réserve de l'article 10[6]

Cuba:

Ad referendum.

Sous réserve des article 9.10,11[7]

Diaz de Villar
Carlos de Armenteros

Denemark:

Sous réserve des article 5 et 11[8]

Martensen-Larsen

V. Lorck

Free City of Dantzig:

Stefan Sieczkowski.

Egypt:

A. Badaoui.
M. Sid Aidmed

Spain:

A. Goicoechea

Estonia:

A. Piip
AI. Warma.

France:

Paul Matter
A. Kammerer

Greece:

Ad referendum.

N. Politis
Megalos A. Caloyanni
Jean Spiropoulos

Hungary:

Pelényi

Iceland:

Ad referendum.

Sveinn Bjornsson

Italy:

Amedeo Glannini

Japan:

Sous réserve des article 4.10 et des mots «d'après la loi de l'Etat qui accorde la naturalisation» de l'article 13.[9]

Mushakoji

Latvia:

Chartes Duzmans
Robert Akmentin

Luxemburg:

Conrad Stumper

Mexico:

Sous réserve de l'alinéa 2 de l'article 1[10]

Eduardo Suarez

Netherlands:

Les Pays-Bas:

1°         Excluent de leur acceptation les articles 8,9 et 10;

2°N'entendent assumer assumer aucune obligationen ce qui concerne les Indes Néerlandaises, le Surinam et Curaçao[11]

Y. Eysinga.
J. Kosters.

Peru:

Sous réserve de l'article 4[12]

M. H. Cornejo.

Polond:

Stefan Sleczkowski.
S. Rundstein
J. Makowski

Portugal:

José Caeiro da Matta
José Maria Vilhena Barbosa de Magalmaes
Prof. Doutor J. Lobo d'Avila Lima

Salvador:

J. Gustavo Guerrero

Sweden:

Le Gouvernement sué dois déclare exclure de son acceptation la disposition de la deuxième phrase de l'article 11 dans le cas où la femme visée par cet article, ayant recouvré la nationalité de son pays d'origine, n'établit pas sa residence habituelle dans ce pays.

Sous réservede ratification de S. M. le Roi de Suède avec l'approbation du Riksdag[13].

K. I. Wesiman

Switzerland:

Sous réserve de l'article 10[14]

V. Merz
Paul Dinichert

Czechoslovakia:

Miroslav Plezinov
Dr. Vàciav Joachim

Uruguay:

E. E. Buero

Yougoslavie:

J. Choumenkovitch

State Parties

Last updated:    30 June 1999

IN FORCE since July 1st, 1937 (articles 25 and 26).

Ratifications or definitive accessions

Belgium (April 4th, 1939)
Subject to accession later for the Colony of the Congo and the Mandated Territories.
Excluding Article 16 of the Convention.

Brazil (September 19th, 1931a)
With reservations as regards Articles 5, 6, 7, 16 and 17, which Brazil will not adopt owing to difficulties with which it has to contend in connection with principles forming the basis of its internal legislation.

Great Britain and Northern Ireland[15] and all parts of the British Empire which are not separate members of the League of Nations(April 6th, 1934)

Burma[16]
His Majesty the King does not assume any obligation in respect of the Karenni States, which are under His Majesty's suzerainty, or the population of the said States.

Canada (April 6th, 1934)

Australia (November 10th, 1937)
Including the territories of Papua and Norfolk Island.

India (October 7th, 1935)
Ratifications or definitive accessions
In accordance with the provisions of Article 29, His Britannic Majesty does not assume any obligation in respect of the territories in India of any Prince or Chief under his suzerainty or the population of the said territories.

China[17] (February 14th, 1935)
Subject to reservation as regards Article 4.

Monaco (April 27th, 1931a)

The Netherlands[18] (April 2nd, 1937)
Including the Netherlands Indies, Surinam and Curaçao.
Excluding the provisions of Articles 8, 9 and 10 of the Convention.

Norway (March 16th, 1931a)

Poland (June 15th, 1934)

Sweden (July 6th, 1933)
The Swedish Government declares that it does not accept to be bound by the provisions of the second sentence of Article 11, in the case where the wife referred to in the article, after recovering the nationality of her country of origin, fails to establish her ordinary residence in that country.

Signatures not yet perfected by ratification

Austria

Union of South Africa

China

Colombia
Subject to reservation as regards Article 10.

Cuba
Subject to reservation as regards Articles 9 10 and 11.

Czechoslovakia[19]

Denmark
Subject to reservation as regards Articles 5 and 11.

Egypt

Estonia

France

Germany

Greece

Hungary

Iceland

Ireland

Italy

Japan
Subject to reservation as regards Articles 4 and 10 and as regards the words "according to its law" of Article 13.

Latvia

Luxembourg

Mexico
Subject to reservation as regards paragraph 2 of Article 1.

Peru
Subject to reservation as regards Article 4.

Portugal

Salvador

Spain

Switzerland
Subject to reservation as regards Article 10.

Uruguay

Yugoslavia

Actions subsequent to the assumption of depositary functions by the Secretary-General of the United Nations

Participant[20]

Ratification, accession (a), succession (d)

Denunciation

Canada

 

15 May 1996

Cyprus

27 Mar 1970d

 

Fiji

12 Jun 1972 d

 

Kiribati

29 Nov 1983 d

 

Lesotho[21]

 

 

Malta[22]

16 Aug 1966 d

 

Mauritius[23]

18 Jul 1969 d

 

Pakistan

29 Jul 1953 d

 

Swaziland

18 Sep 1970 a

 

Zimbabwe

1 Dec 1998 d

 

 



[1] Vol. VI, page 379; Vol. XI, pages 405; Vol. XV, pages 305; Vol. XXIV, page 153; Vol. XXVII, page 417; Vol. XXXIX, page 165; Vol. XLV, page 95; Vol. L, page 159; Vol. LIV, page 387; Vol. LXIX, page 70,; Vol. LXXII, page 452; Vol. C, page 153; Vol. LXXXVIII, page 272; Vol. XCII, page 362; Vol. XCVI, page 180; Vol. C, page 153; Vol. CIV, page 492; Vol. CVII, page 461; Vol. CXI, page 402; Vol. CXVII, page 46; Vol. CXXVI, page 430; Vol. CXXX, page 440; Vol. CXXXIV, page 392; Vol. CXLVII, page 318; Vol. CLII, page 282; vol. CLVI, page 176; vol. CLX, page 325; Vol. CLXIV, page 352; Vol. CLXVIII, page 228; Vol. CLXXII, page 388; and Vol. CLXXVII, page 382, of this Series.

[2] British and Foreign State Papers, Vol. 100, page 298.

[3] Translation by the Secretariat of the League of Nations:

Subject to accession later for the colony of the Congo and the mandated territories.

[4] Traduction du Secrétariat de la Société des Nations.

Conformément aux dispositions de l'article 29 de cette convention, je déclare que Sa Majesté britannique n'assume aucune obligation en ce qui concerne les territoires de l'Inde appartenant à un prince ou chef placé sous sa suzeraineté, ou en ce qui concerne la population desdits territoires.

Translation by the Secretariat of the League of Nations:

[5] Subject to reservation as regards Article 4.

[6] Subject be reservation as regards Article 10.

[7] Ad referendum subject to reservation as regards Articles 9, 10 and 11.

[8] Subject to reservation as regards Articles 5 and 11.

Translation by the Secretariat of the League of Nations:

[9] Subject to reservation as regards Articles 4 and 10 and as regards the words "According to its law" in Article 13.

[10] Subject to reservation as regards paragraph 2 of Article 1.

[11] The Netherlands:

(1)        Exclude from acceptance Article 8,9 and 10.

(2)Do not intend to assume any obligation as regards the Netherlands Indies, Surinam and Curaçao.

Translation by the Secretariat of the League of Nations:

[12]Subject to reservation as regards Article 4.

[13] The Swedish Government declares that it does not accept the provisions of the second sentence of Article 11, as binding upon it in the case where the wife, as referred to in the article, after recovering the nationality of her country of origin, fails to establish her ordinary residence in that country.

Subject to ratification by His Majesty the King of Sweden, with the approval of the Riksdag.

[14] Subject to reservation as regards Article 10.

[15] On 10 June1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:

[Same notification as the one made under note in chapter IV.1. (Convention on the Prevention and Punishment of the Crime of Genocide)]

[16] See note 4in Part II.2 (Special Protocol concerning Statelessness).

[17] See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 4 in chapter I.1 (UN Charter)).

[18] See note 8in chapter I.1 (UN Charter).

[19] See note in Chapter 1.2 (UN Charter).

[20] See note 11in chapter I.2 (UN Charter).

[21] The notification of succession contains the following reservation:

"In accordance with article 20 of the Convention, the Government of the Kingdom of Lesotho declares that the second paragraph of article 6 of the Convention shall not apply so as to give effect to a declaration of renunciation of the citizenship of Lesotho if such declaration is made during any war in which Lesotho is engaged, or if the Government of Lesotho considers such declaration otherwise not conducive to the public good."

The above reservation not having been originally formulated by the Government of the United Kingdom in respect of Basutoland, it has become effective for Lesotho on the date on which it would have done sounder the provisions of article 26 of the Convention, had it been formulated upon accession, that is to say, on 2 February 1975.

[22] The notification of succession contains the following declaration: "In accordance with article 20 of the Convention, the Government of Malta declares that:

"(a)  The second paragraph of article 6 of the Convention shall not apply in Malta so as to give immediate effect to a declaration of renunciation of citizenship of Malta, if such declaration is made during any war in which Malta may be engaged or if in the opinion of the Government of Malta such declaration is otherwise contrary to the public policy;

"(b)  Article 16 of the Convention shall not apply to an illegitimate child born outside Malta."

[23] The notification of succession contains the following reservation:

"In accordance with article 20 of the Convention the Government of Mauritius declares that the second paragraph of article 6 of the Convention shall not apply in Mauritius so as to give effect to a declaration of renunciation of the citizenship of Mauritius, if such declaration is made during any war in which Mauritius is engaged."

Comments:
The Protocol was adopted by the 1930 Conference for the Progressive Codification of International Law at The Hague, 12 April 1930.
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