Part I. Introduction and Context
of peoples – played an important role. James Crawford points out that “the Treaty of
Versailles and the counterpart peace treaties of 1919–23 paid regard to the principle of
self-determination in some respects”.331 To deal with the exclusion of ethnic minorities,
the peace treaties and the LoN-system complemented the principle of self-determination
with the protection of minority rights332, which included ensuring citizenship in the
country in which people were.333 The protection of minorities was subject to limitations
though, because the stability in the states was not to be threatened by minorities, and
should certainly not result in the establishment of new political entities.334
Marc Vishniak believes that “[t]hose who created the new order in Europe
and drafted the peace treaties were fully conscious of the injustice inherent in
statelessness”, evidenced by the inclusion of specific provisions to prevent statelessness
in, for instance, the Treaty of St. Germain (with Austria) and the Treaty of Trianon
(with Hungary).335 The problem with these kinds of provisions was, however, that they
were interpreted in a restrictive manner and insufficiently implemented by changes in
the domestic laws. 336 Indeed, it was clear at the time, from the treaties concluded,
but also from the decisions and opinions of the Permanent Court of International
Justice (PCIJ), that states retained their power to regulate the acquisition and loss
of nationality in their national laws.337 Nonetheless, the problems of statelessness
and of refugees were recognized by states. Th is was evidenced by some of the other
legal instruments of the interwar period. In 1922, for instance, the Rome Convention
attempted to alleviate the problems arising from the break-up of the AustrianHungarian Empire. Th is series of treaties included a treaty on nationality matters and
attempted to prevent statelessness in successor states of Austria-Hungary, but still was
unable to address the plight of minorities that no state felt were their citizens. Since
the treaty lacked comprehensiveness and ratifications by states, because governments
simply did not seem interested, it was never applied generally but rather as a bilateral
treaty between the two countries that ratified the instrument: Austria and Italy. 338 Its
influence was therefore limited.
331
332
333
334
335
336
337
338
64
James Crawford, ‘The Right of Self-Determination in International Law: Its Development and Future’
in Philip Alston (ed), Peoples’ Rights (Oxford University Press 2001) 7–67, 14.
See also James Crawford, ‘The Right of Self-Determination in International Law: Its Development and
Future’ in Philip Alston (ed), Peoples’ Rights (Oxford University Press 2001) 14.
Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker (ed), Pamphlet Series: Jews and the
Post-War World (No. 6, American Jewish Committee 1945) 16.
Eg Melina Grizo, ‘The Versailles System of Peace Treaties and the Minority Protection in Southeast
Europe. The Bulgarian-Greek Convention for the Exchange of Population of 1919’ (2010) 3 Belgrade
Law Review 67–72.
Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker (ed), Pamphlet Series: Jews and the
Post-War World (No. 6, American Jewish Committee 1945) 16.
Ibid, 16–18.
William E Conklin, Statelessness. The Enigma of the International Community (Hart Publishing
2015) 105. See also eg Acquisition of Polish Nationality (Advisory Opinion) 1923 PCIJ Rep Series B No
7; Exchange of Greek and Turkish Populations (Advisory Opinion) 1925 PCIJ Rep Series B No 10.
Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker (ed), Pamphlet Series: Jews and the
Post-War World (No. 6, American Jewish Committee 1945) 42–43.
Intersentia
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