Chapter 2. Europe and Statelessness
shall have the nationality of the said state.372 The other protocol only entered into force
in 2004 and is therefore not relevant here, as it could – from a legal perspective – not
really contribute to addressing statelessness after World War I. Overall, the protocols,
even if they were specifically directed at statelessness, were much less significant to the
issue than the 1930 Hague Convention.
The 1930 Hague Convention did not deal with the causes of mass statelessness after
World War I: as we saw in chapter 1, it addressed statelessness where it was a consequence
of nationality issues relating to birth and marriage. Furthermore, the treaty does not
mention stateless refugees at all. The Convention was an expression of the conviction
of states “that it is in the general interest of the international community to secure that
all its members should recognise that every person should have a nationality” and an
attempt directed towards “the abolition of all cases (…) of statelessness”, which was
aware that it was at the time not possible to find an immediate and “uniform solution
of all the above-mentioned problems”.373 Nonetheless, the 1930 Hague Convention
was a great achievement, in particular because is provided that even though it is for
each state to determine under its own law who are its nationals, this law shall only be
recognized by other states in so far as it is consistent with international conventions,
international custom, and the principles of law generally acknowledged with regard
to nationality.374 Furthermore, even if it did not have direct implications for stateless
refugees, the Convention was significant because it was the first legal instrument on
matters of nationality of a general nature.375 The importance and continuing relevance
of the 1930 Hague Convention to matters of nationality and statelessness is underlined
by contemporary commentators. According to Carol Batchelor, the Convention is
one of “the primary international instruments which serve as reference points for the
principles relating to the right to a nationality and the problem of statelessness”.376
Indeed, “the adoption of the 1930 Hague Convention heralded the onset of a gradual
trend towards the acceptance of limitations to the exclusive competence of states” in
nationality matters.377
In conclusion, for the emergence of statelessness in Europe, the devastating Great
War – World War I – is the point in history that marks the occurrence of the issue for
the first time on a large scale. This was caused by various events, such as the War itself
that created large numbers of refugees, as well as the response to the displacement, and
the collapse of empires. Combined with the exclusion of ethnic minorities and states
denying or depriving nationality of undesirable people for various reasons, statelessness
372
373
374
375
376
377
Art 1 Protocol relating to a Certain Case of Statelessness (adopted 12 April 1930, entered into force
1 July 1937) 179 LTS 115.
Preamble 1930 Hague Convention.
Art 1 1930 Hague Convention.
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) 41.
Carol A Batchelor, ‘Statelessness and the Problem of Resolving Nationality Status’ (1998) 10
International Journal of Refugee Law 156, 158.
Laura van Waas, Nationality Matters. Statelessness under International Law (School of Human Rights
Research Series, Vol 29; Intersentia 2008) 38.
Intersentia
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