Bücken and de Groot
49
would not give rise to legal problems under international law.42 This interpretation is supported by
the argument that only a written withdrawal of a reservation made under Article 8(3) would end the
effect of that reservation under international law.43 Departing from the ordinary meaning of the
phrasing ‘retention of such right’ in Article 8(3), it could, however, be argued that the reservation
cannot apply to new laws after the corresponding national provisions had been repealed without
immediate re-enactment. This interpretation would give consideration to the fact that the scope of
the retained right is explicitly made dependent on the national law existing at the time of ratification. This view is, furthermore, consistent with Article 31 of the Vienna Convention providing for
an interpretation of a treaty ‘in good faith in accordance with the ordinary meaning to be given to
the terms of the treaty in their context and in the light of its object and purpose’. The ‘object and
purpose of the 1961 Convention is to prevent and reduce statelessness, thereby guaranteeing every
individual’s right to a nationality’.44 Here, the aim to reduce statelessness implies a continuous,
progressive obligation to take steps towards the minimization of statelessness. To summarize the
argument that the Clause 60 of the Immigration Bill (2014) is inconsistent with the obligations of
the United Kingdom under the 1961 Convention, the reasoning of Open Society Justice Initiative
deserves attention, which advances that the government’s argument would produce the anomalous
result ‘[t]hat a state can ‘retain’ a right which the state could not retain if it were to ratify the
Convention at the present time. (If the UK ratified the Convention today, it could not make a
declaration under Article 8(3), because the grounds do not exist in national law.)’.45
In conclusion, there are multiple legal arguments to make a strong case that the reintroduction of
a ground on the basis of Article 8(3) violates international law in general and the obligations of the
United Kingdom under the 1961 Convention in particular.
D. Tunisia
The Tunisian declaration is very elaborate in nature and it corresponds to Article 33 of the 1963
Code de la Nationalite´ Tunisienne. The Tunisian declaration has been observed to be inconsistent
with the scope of Article 8(3) of the 1961 Convention and has been subject to objections by four
Contracting States submitted to the Secretary General. The governments of Finland, Germany, and
Sweden broadly objected that the declaration of Tunisia restricted an essential duty under the
Convention and, therefore, it was incompatible with the object and purpose of the Convention. The
objection of Norway more specifically referred to paragraph 3 and 4 of the Tunisian declaration as
being inconsistent with the obligations of the Convention. The targeted objection of the Norwegian
government implies that paragraphs 1 and 2 of the declaration are conform with the Convention.
Indeed, the public service for a foreign state (paragraph 1) and the offence against external or
internal security of the State (paragraph 2) correspond to the grounds contained in Article 8(3)(a)(i)
42. Parliament of the United Kingdom, ‘Hansard Debate 30 January 2014: Immigration Bill’, Parliament of the United
Kingdom (2014), https://publications.parliament.uk/pa/cm201314/cmhansrd/cm140130/debtext/140130-0002.htm.
43. Article 23(4) of the Vienna Convention on the Law of Treaties, United Nations, Treaty Series, vol. 1155, p. 331.
44. UNHCR, ‘Expert Meeting: Interpreting the 1961 Statelessness Convention and Preventing Statelessness among
Children’, UNHCR (2011), http://www.unhcr.org/uk/protection/expert/4de4dd136/agenda-expert-meeting-interpret
ing-1961-statelessness-convention-preventing.html, para. 1. Compare also the title and Preamble of the 1961
Convention.
45. Open Society Justice Initiative, ‘Opinion on Clause 60 of UK Immigration Bill & Article 8 of United Nations Convention on Reducing Statelessness’, Open Society (2014), https://www.opensocietyfoundations.org/sites/default/files/
briefing-clause60-03112014.pdf, p. 14.