Part I. Introduction and Context
rules relating to nationality101 and can be viewed as a turning point with regard to
nationality and statelessness matters. Indeed, Laura van Waas has called the adoption
of this treaty “a watershed moment in the international community’s dealings with
nationality issues”.102 Because conflicts of nationality laws can cause statelessness when
persons remain without any nationality of any state involved in a particular situation
– are “left ‘unclaimed’ by any state as its national”103 – the 1930 Hague Convention
remains relevant to the topic of this chapter, even if its pertinence today is limited in
light of the number of states parties to the Convention and the number of reservations
that were made to this treaty.104 The 1930 Hague Convention was a “first international
attempt to provide everyone with a nationality”105, and attempted to prevent
statelessness among the following groups: married women (whose nationality was
often, and sometimes still is, dependent on their husband)106 and children (including
foundlings and adopted children).107 The 1930 Hague Convention clearly aims to solve
conflicts of nationality laws108 and avoid loss of nationality without the acquisition of
a new one109, but is also concerned specifically with preventing and solving childhood
statelessness. The 1930 Hague Convention was accompanied by protocols, of which two
concerned statelessness.110 The Protocol relating to a Certain Case of Statelessness111
“only directs states to grant their nationality to children born in their territory who
would otherwise be stateless but are nevertheless born to a mother who possesses the
nationality of the country of birth”.112 The Special Protocol concerning Statelessness113
only entered into force in 2004 and concerns the specific situation where a person, after
entering a foreign country, loses his nationality without acquiring a new one. In such
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On other attempts at formulating principles relating to nationality before the 1930 Hague Convention
see Ruth Donner, The Regulation of Nationality in International Law (2nd ed, Transnational Publishers,
Inc 1994) 43–45.
Laura van Waas, ‘A 100-year (Hi)Story of Statelessness’ (Peace Palace Library Blog, 25 August 2016)
<https://peacepalacelibrary.nl/blog/2016/100-year-history-statelessness> accessed 4 September 2021.
Laura van Waas, Nationality Matters. Statelessness under International Law (School of Human Rights
Research Series, Vol 29; Intersentia 2008) 32.
The 1930 Hague Convention attracted a number of signatures not followed by ratification. For the
current status of the 1930 Hague Convention, see the overview provided by the online United Nations
Treaty Collection <https://treaties.un.org/pages/LONViewDetails.aspx?src=LON&id=516&chapter=3
0&clang=_en> (accessed 4 September 2021).
Carol A Batchelor, ‘Stateless Persons: Some Gaps in International Protection’ (1995) 7 International
Journal of Refugee Law 232, 249.
Arts 8–11 1930 Hague Convention.
Arts 12–17 1930 Hague Convention.
Preamble to 1930 Hague Convention.
See also Art 7 1930 Hague Convention.
The other one was the Protocol relating to Military Obligations in Certain Cases of Double Nationality
adopted 12 April 1930, entered into force 25 May 1937) 178 LTS 227.
Protocol relating to a Certain Case of Statelessness (adopted 12 April 1930, entered into force 1 July
1937) 179 LTS 115.
Gerard-René de Groot & Olivier Willem Vonk, International Standards on Nationality Law. Text,
Cases and Materials (Wolf Legal Publishers 2015) 98.
Special Protocol concerning Statelessness (adopted 12 April 1930, entered into force 15 March 2004)
2252 UNTS 435.
Intersentia
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