Chapter 1
The International Legal Framework for the Right to
a Nationality and for the Reduction of Statelessness
Nationality is a highly sensitive issue as it is a manifestation of a country’s sovereignty
and identity. Not surprisingly, disputes about citizenship can, and often do, result in tension
and conflict, both within and between States. During the 20th century, there was both an
increase in the incidence of statelessness around the world and growing awareness of
and concern for human rights. International law on nationality thus evolved along two
tracks: to protect and assist those individuals who were already stateless, and to try to
eliminate, or at least reduce, the incidence of statelessness.
Who determines whether or not a person is a citizen of a particular country?
In principle, questions of nationality fall within the domestic jurisdiction of each State.
However, the applicability of a State’s internal decisions can be limited by the similar
actions of other States and by international law.
In its Advisory Opinion on the Tunis and Morocco Nationality Decrees of 1923, the
Permanent Court of International Justice stated that:
“The question whether a certain matter is or is not solely within the domestic
jurisdiction of a State is an essentially relative question; it depends on the
development of international relations.”
In effect, the Permanent Court said that while nationality issues were, in principle, within
domestic jurisdiction, States must, nonetheless, honour their obligations to other States
as governed by the rules of international law.
This approach was reiterated seven years later in the Hague Convention on Certain
Questions Relating to the Conflict of Nationality Laws. Indeed, many States
commented on the Permanent Court’s 1923 Advisory Opinion as it related to the
preparation of the 1930 Hague Convention on Nationality. Most States interpreted the
Advisory Opinion as a limitation on the applicability of a State’s nationality-related decisions
outside that State, especially when those decisions conflict with nationality-related
decisions made by other States.
The Hague Convention of 1930, held under the auspices of the Assembly of the League
of Nations, was the first international attempt to ensure that all persons have a nationality.
Article 1 of the Convention states that:
“It is for each State to determine under its own law who are its nationals. This law
shall be recognized by other States in so far as it is consistent with international
conventions, international custom, and the principles of law generally recognized
with regard to nationality.”
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