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Rather, nationality is a matter “for each state to decide”64 within
the “reserved domain”65 of states. The 1930 Hague Convention on
Certain Questions Relating to the Conflict of Nationality Laws
(1930 Hague Convention) did not create an individual right to
nationality; states alone grant and withdraw nationality. 66
Article 1 provides that it is “for each State to determine under its
own law who are its nationals.”67 According to Article 2, “[a]ny
question as to whether a person possesses the nationality of a
particular State shall be determined in accordance with the law
of that State.”68 However, Article 1 also provides that “[t]his 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 recognized with regard to
nationality.”69
Accordingly, even within the traditional framework, the
exclusive right of states in nationality matters has long been
understood as dependent on (and tempered by) the development
of international relations. In 1923, in the Nationality Decrees in
jurisdiction of each State.”). See also Nationality Decrees Issued in Tunis and
Morocco, Advisory Opinion, 1923 P.C.I.J. (ser. B) No. 4, at 24 (February 7)
[hereinafter Tunis and Morocco Nationality Decrees] (“The question whether a
certain matter is or is not solely within the jurisdiction of a State is an essentially
relative question: it depends upon the development of international relations.
Thus, in the present state of international law, questions of nationality are, in
the opinion of this Court, in principle within this reserved domain.”). See also
IAN BROWNLIE, PRINCIPLES OF PUBLIC INTERNATIONAL LAW 384 (6th ed. 2018).
64 Proposed Amendments to the Naturalization Provision of the
Constitution of Costa Rica, Advisory Opinion OC-4/84, Inter-Am. Ct. H.R. (ser.
A) No. 4, ¶ 32 (Jan. 19, 1984). Accord Spiro, supra note 3, at 714 (commenting
that even through most of the late twentieth century, “the conventional wisdom
among legal scholars held nationality practice to be largely unconstrained by
international law.” (citing GEORG SCHWARTZBERGER, A MANUAL OF
INTERNATIONAL LAW 141 (5th ed. 1967) (“[I]n principle, international law leaves
each territorial sovereign to decide which of his inhabitants he wishes to grant
nationality.”))); PAUL WEIS, NATIONALITY AND STATELESSNESS IN
INTERNATIONAL LAW 65 (2nd ed. 1979) (“The right of a State to determine who
are, and who are not, its nationals is an essential element of its sovereignty.”);
Otto Kimminich, The Conventions for the Prevention of Double Citizenship and
Their Meaning for Germany and Europe in an Era of Migration, 38 GERMAN Y.B.
INT’L L. 224, 224 (1995) (affirming the Hague Convention’s provision that “[i]t is
for each State to determine under its own law who are its nationals”) (citation
omitted).
65 Tunis and Morocco Nationality Decrees, supra note 63, at 24.
66 League of Nations, Convention on Certain Questions Relating to the
Conflict of Nationality Laws, Apr. 13, 1930, 179 L.N.T.S. 89 [hereinafter 1930
Hague Convention].
67 Id. art. 1.
68 Id. art. 2.
69 Id. art. 1.