a q and a primer on grace poe’s residency issue

8/19/2019 A q and a Primer on Grace Poe’s Residency Issue

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A Q AND A PRIMER ON GRACE POE’S RESIDENCY ISSUE

Prepared by Antonio P. Contreras

Q1. What is the issue?

A1. The main issue is the fact that Senator Grace Poe iscontemplating to run for the Presidency, when in fact she is notuali!ed to run.

Q". Why is she not uali!ed to run?

A". She is not uali!ed to run for President for the simple reasonthat she lac#s the 1$ year residency reuirement prescri%ed inArticle &'', Section " of the 1()* +onstitution of the epu%lic of thePhilippines, which states-

/o person may %e elected President unless he is a natural0%orncitien of the Philippines, a registered 2oter, a%le to read and write,at least forty years of age on the day of the election, and a residentof the Philippines for at least ten years immediately preceding suchelection.3

Q4. What are the facts?

A4. The following are irrefuta%le facts %ased from documentssu%mitted %y Grace Poe to the 5'6, as well as to the Senate7lectoral Tri%unal.

1. She migrated to the 8S in 1((1.

". According to 8S immigration laws, someone should %e apermanent resident of the 8S for at least 9 years %efore %einggranted naturaliation. 5ased on this, it is safe to assume that she%ecame permanent resident sometime in 1((:.

4. She %ecame a naturalied American +itien in ;cto%er 1), "$$1.;n this date, she also lost her


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). ;n >uly 1", "$11, Grace Poe noti!ed the 8S Go2ernment that shehas already performed acts that are in fact manifestations of herintent to relinuish her 8S citienship.

(. ;n 6ecem%er (, "$11, the 8S Go2ernment, through &ice +onsul

>ason Gallian, certi!ed that Grace Poe lost her 8S nationality, andattested that she too# an oath of pu%lic o@ce which constituted as a2oluntary act of repatriation on ;cto%er "1, "$1$.

Q=. Why would Grace Poe lac# the 1$ year residency reuirement?

A=. The following are indisputa%le facts that point to the argumentthat Grace Poes residence in relation to her anticipated candidacyfor the Presidency of the epu%lic of the Philippines does not meetthe minimum 1$0year reuirement stated in the +onstitution.

1. The Presidential election is scheduled on ay (, "$1:.

". 'n order to comply with the +onstitutional reuirement of aminimum of 1$ years of residency, Grace Poe should ha2e %een aapon 2ersus +;7E7+ and TFD promulgated >anuary 1(, "$$(, the Supreme +ourt ruled that reacuiring


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ad2antage of its pro2isions. epu%lic Act /o. (""9 imposes noresidency reuirement for the reacuisition or retention of Philippinecitienship nor does it mention any eHect of such reacuisition orretention of Philippine citienship on the current residence of theconcerned natural0%orn uly 1*,

"$$: was only as a 2isitor or as a resident alien. 't is also clear thatat such period, she has not regained her domicile status.


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't is also important to point out that in her application forreacuiring her


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domicile status on the same date that she reacuired her


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sole determinant of who should %e proclaimed worthy to occupyelecti2e positions in our repu%lic.3

't is imperati2e to safeguard the eLpression of the so2ereign 2oicethrough the %allot %y ensuring that its eLercise respects the rule of

law. To allow the so2ereign 2oice spo#en through the %allot to trumpconstitutional and statutory pro2isions on uali!cations anddisuali!cations of candidates is not democracy or repu%licanism. 'tis electoral anarchy. When set rules are disregarded and only theelectorates 2oice spo#en through the %allot is made to matter in theend, it precisely ser2es as an open in2itation for electoral anarchy toset in.3

Thus, it is clear from the ruling of the court that the will of thepeople in an electorate who will 2ote for Grace Poe, could not thwartthe intent of the +onstitution which reuired 1$ years of residency

for any candidate who would run for the position of President,

Q11. What is the connection of her %eing a foundling to this issue?

A11. /one. Ber %eing a foundling is totally irrele2ant to the issue ofher residency. 't does not in any way aHect the status of her losingher domicile in the Philippines in 1((: and her reacuisition of it in >uly 1), "$$: Cor e2en laterD which was " months late for her toha2e met the minimum of 1$ years residence. Although in the e2entthat her %eing a foundling will also %e the %asis to declare her as notnatural %orn, it will ha2e serious implication on whether she can

reacuire her


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And this is the soul ' could not see in Grace Poe. And also the one 'could not see in +hi 7scudero.

' do not see K#apwaK and KdamayK in their gaes. They seem to lac#that element that spea#s of someone who will sincerely %e with you

and for you. And that is why ' shudder at the possi%ility that theymight %ecome our two top o@cials.

5ut as ' earlier pointed out, this is not the only reason why ' do notli#e Grace Poe.

Ber a2id supporters and defenders proMect her to %e the %etterchoice against the allegedly corrupt 5inay and the unwinna%le ar.She is the immaculate one in contrast to the dangerous 6uterte. Beradopti2e guardian is

, the hero, to 5ong%ongNs 2illain for a father,that is, if the rumors are not true.

They say she is not corrupt.

5ut we forget the fact that to accept that she is uali!ed to run is tofurther assault the +onstitution. To allow her to run is to tell us thatthe law applies only to ordinary mortals, and that the imposition ofstrict uali!cation is only the %urden of the less pri2ileged. Eawyer0professors and e2en former Supreme +ourt +hief >ustices can easilyassem%le a mum%o0Mum%o of legalese to simply gloss o2er theprecise nature of 1$ as a minimum num%er to %e complied with Mustto Mustify her running for President, e2en as ' ha2e to pay a steeppenalty for missing the deadline of 5'.

And it will also tell us that the application of the law can %e selecti2eon the %asis of political alliances. The former +hief >ustice defendingher e2en said that her sworn statement when she !led her +;+when she ran for the Senate in "$14 could %e eLcused as an honestmista#e, e2en as another +hief >ustice was impeached for failing to!le correctly his SAE/.

And some legal minds who cry foul at the corruption of 5inay areironically the ones who will soften the power of law and ma#e it intoa negotia%le instrument. And worse, some e2en ha2e the audacity

to force her presidential run despite the uestions of legality, thenuse as argument against those who will challenge her uali!cationsthe fact that the matter is no longer a Musticia%le issue as it has%ecome political.

Grace Poe, if allowed to run, is taunting the limits of the+onstitution.


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They say Grace Poe is not corrupt. 72en as ' might !nd that%elie2a%le, ' could not %ut simply say that she would %e corruptingthe law, the +onstitution and the electoral process that must %ego2erned %y these if she runs.

And she is sold out to that idea. She is ma#ing mo2es that re2ealher na#ed am%ition to precisely do that.

' can see it in her eyes.

MIND DA NEWS: Duterte running, Poe is

the Issue5yPatricio P. 6iaon /o2em%er "9 "$19 )-=" pm

G7/7AE SA/T;S +'TF Cinda/ews I "9 /o2D O 'ts not yet o@cial though from the horses

mouth has come,“The die is cast. I have crossed the Rubicon” , immortal words of great

http://www.mindanews.com/mindaviews/2015/11/25/mind-da-news-duterte-running-poe-is-the-issue/http://www.mindanews.com/mindaviews/2015/11/25/mind-da-news-duterte-running-poe-is-the-issue/http://www.mindanews.com/author/patricio-p-diaz/http://www.mindanews.com/author/patricio-p-diaz/http://www.mindanews.com/mindaviews/2015/11/25/mind-da-news-duterte-running-poe-is-the-issue/http://www.mindanews.com/mindaviews/2015/11/25/mind-da-news-duterte-running-poe-is-the-issue/


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oman conueror >ulius +aesar meaning“No turning back” . 6a2ao +ity ayor odrigo

6uterte is running for president.

Bis party, P6P0Ea%an CPartido 6emo#rati#o Pilipino0Ea#as ng 5ayanD is nominating him as

its su%stitute candidate for artin 6io, who had withdrawn his candidacy. The party has

already signed his certi!cate of nomination CINQUIRER.net , November 23, 2!"D and6uterte has until 6ecem%er 1$ to !le his candidacy Oif he doesn’t change his mind

again.

6uterte will meet party president, Sen. Auilino Pimentel ''' on Thursday to formalie his

candidacy C #$%&'$N Ne(s, November 23, 2!"D. Be sees no pro%lem with the +ommission

on 7lections %ut in anticipation of any disuali!cation case against him %efore the

+omelec, he 2owed to !ght up to the Supreme +ourt C)hi*i++ine ai*- Inuirer ,/o2em%er

"4, "$19-uterte/ I0** 1ght Q caseD.

6uterte had disappointed his supporters. After holding them in suspense O as#ing for time

to decide O he !led his candidacy for reelection instead of the presidency. Be stuc# to hisdecision not to run when as#ed se2eral times to reconsider.What made him change his

mind – crossing his Rubicon and casting his die?

Be was forthright-“The %enate tribuna* decision thumbing do(n the disua*i1cation case

against %enator race )oe0s +residentia* bid.” CRa++*er.com,/o2em%er "1, updated

/o2em%er "", "$19-Rodrigo uterte/ I am running or +resident D

Ra++*er.comela%orated-

“uterte be*ieves that )oe, being a ound*ing, is not a natura* born citi4en and is thus not

ua*i1ed to seek the highest +ost in the *and.

“The decision o the tribuna*, he said, 5chea+ens the 'onstitution, the on*- thing that ho*ds

the countr- together0.”

Two reports of )hi*i++ine ai*- Inuirer , dated /o2em%er "1 when 6uterte“thre( his die” in

a speech in 6asmarias, +a2ite as %irthday party guest of his lawyer0classmate, did not

only uote 6utertes“misgivings about the %ET ru*ing on )oe0s citi4enshi+” %ut also his

%elief that Poe %eing“not a natura*&born 6i*i+ino7 (i** be +resum+tive +resident

(hose citi4enshi+ is based on +resum+tion” .

Be stressed,“The highest +osition is reserved or a true&b*ue 6i*i+ino. I cannot acce+t an

#merican +resident.”

6uterte, while not as so%er, was of the same mind as Supreme +ourt Senior Associate

>ustice Antonio +arpio, chair of the Senate 7lectoral Tri%unal, who together with the two

other Mustices0mem%ers of the S7T opposed the maMority ruling. 'n his dissenting opinion

+arpio said that granting Sen. Grace Poe a natural0%orn citien status, as the S7T did,

2iolates the +onstitution CThe )hi*i++ine %tar,/o2em%er "4, "$19-'ar+io cites 8a(s in %ET

ru*ing on )oe disua*i1cation caseD.

+arpio said, re%utting the maMority opinion that Poe should %e considered a natural0%orn


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amounts to a +atent vio*ation o the 'onstitution. $eing s(orn to u+ho*d and deend the

'onstitution, the members o this tribuna* have no other choice but to a++*- the c*ear *etter

and intent o the 'onstitution.”

6uterte must ha2e %een fuming on reading the S7T decision. Be is a lawyer and was a

prosecutor for ele2en years. 72en to a non0lawyer, it is apparent that in the 4"0pagedecision the repeated conclusions of the 2ital issues that Poe is a natural0%orn


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What if Poe is disuali!ed? She will no longer %e an issue. Will 6uterte withdraw?

odrigo 6uterte will %e the issue. Be is more contro2ersial than Grace Poe.

ead morehttp-IIwww.mindanews.comIminda2iewsI"$19I11I"9Imind0da0news0duterte0running0poe0is0the0issueI

No international law confers Philippine

nationality to foundlingPOSTSCRIPT By Federico D. Pascual Jr. (The Philippine Star) | pdated Octo!er "# $%"& ' "$%%a

11 642 googleplus2 10

TOO *O+, ha-e e !een e/posed to chatter that# hate-er the Constitution says on ho are

Philippine citi0ens# custoary international la autoatically con1ers nationality to such 1oundlin2s

as Sen. ,race Poe *laan0ares hose clai to !ein2 a natural'!orn citi0en is !ein2 challen2ed.

Today e listen to 3!assador Jaie S. Bautista# ho contends that there is no custoary

international la that con1ers a speci1ic nationality to 1oundlin2s. 4e is a la pro1essor at the

3teneo de 5anila ni-ersity and a pre'!ar re-ieer on international la# Philippine Christian

ni-ersity. In a coentary last 5onday in The Manila Times# Bautista said

6T47R7 is no custoary international la con1errin2 a speci1ic nationality to 1oundlin2s. In

principle# it is the so-erei2n ri2ht o1 a State to deterine ho are its citi0ens and the conditions 1or

ac8uirin2 its nationality. 4oe-er# States ust respect their o!li2ations under international la. In

the case o1 the Philippines# the "9:; Constitution deterines ho Philippine citi0ens are.

6The ri2ht to a nationality as one o1 the ri2hts pronounced !y the + Declaration o1 4uan

Ri2hts# !ut not to a speci1ic nationality. Its 3rticle "& (") declares that


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6This Declaration as a non'!indin2 instruent consistin2 o1 >% articles adopted unaniously !y

the + ,eneral 3sse!ly ith ?? 1or# none a2ainst# and ei2ht a!stentions. The S Supree Court

in a case a!out ar!itrary arrest asserted that !ecause D4R as not !indin2 at its inception# it

could not esta!lish a rele-ant rule o1 international la.

6The D4R has ser-ed as a teplate 1or international a2reeents on huan ri2hts. 3on2 theis the "9@@ International Co-enant on Ci-il and Political Ri2hts (ICCCPR)# hich pro-ides in its

3rticle $? that

Opinion ( 3rticle 5Rec )# pa2eatch "# sectionatch "

6


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and naturali0ed citi0ens. The Philippine Constitutions do not contain any speci1ic pro-ision 2rantin2

Filipino citi0enship to 1oundlin2s.A

Philippines didn=t rati1y "9@" + Con-ention

O+7 reader si2nin2 in as 6erlee” reacted

6Than you 1or this article as you naed the rele-ant Declaration# Con-ention# Co-enant# etc. to

the citi0enship case o1 5rs. *laan0ares. It is also a 2ood thin2 that you indicated that the

Philippines is not !ound !y "9@" + Con-ention on the Reduction o1 Statelessness !ecause it is

not a Contractin2 Party to the Con-ention. 3 nu!er o1 le2al supporters o1 5rs. *laan0ares eep

entionin2 3rticle $ o1 this Con-ention in support o1 their position that she is a natural'!orn

Filipino

63rticle $


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!"e Ri#"t to Nationa$ity o%

&o'nd$in#s in

Internationa$ (aPosted on De*e+ber ,- /01

5y Dean Ra$p" A. Sar+iento1

Contents

'ntroduction

/ationality

Statelessness The ight to /ationality in 'nternational Eaw

The ight to /ationality in esolutions of the 8nited /ations General

Assem%ly

The ight to /ationality in 'nternational +on2entions

The Scope and eaning of the ight to /ationality

'nternational +on2entions that Speci!cally Apply to


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6ictionary also uses the term inant in de!ning ound*ing, thus an

inant that has been abandoned b- its +arents and is discovered and

cared or b- others.3= The word inant , on the other hand, is de!ned

as a ver- -oung chi*d or bab- .39

This article will argue that there are gaps in 'nternational Eaw that

result in inadeuate protection and implementation of the right of

foundlings to a nationality. 'n particular, this article will show that the

o%ligation of a State to confer its nationality upon a foundling in its

territory eLists only as a matter of treaty o%ligation in 'nternational

Eaw.

This article is structured as follows- The !rst section will tal# a%out

nationality and discuss the diHerent principles of acuiring a nationality

and the corresponding o%ligations of States. The second section will

tal# a%out statelessness and the measures ta#en States to reduce it.

The third section will eLamine the rules that confer nationality on

foundlings in international con2entions and treaties, and determine the

scope of their co2erage and their %inding nature. The fourth section will

determine if the eListing practices or rules that confer nationality on

foundlings ha2e attained the status of customary international law and,

therefore, %inding upon all States.


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particular State. 't ma#es him a nationa* Cor aciti4en in the point of 2iew

of municipal lawD of that State.

/ationality creates reciprocal o%ligations %etween the citien and the

State. 't imposes upon the citien the duty to render allegiance to the

State and su%Mects him to the o%ligations created %y the laws of that

State. Thus, it is the %asis of the States eLercise of Murisdiction o2er the

person. ;n the part of the State, nationality imposes the responsi%ility

to protect the citien. 't also gi2es the State the right to accord

diplomatic protection to its nationals and to ma#e claims on their

%ehalf.

Article 19C1D of the 8ni2ersal 6eclaration of Buman ights) pro2ides

that e2eryone has a right to nationality and that no one shall %e

ar%itrarily depri2ed of his nationality nor denied the right to change his

nationality.

'nternational Eaw, howe2er, recognies the right of each State to

determine who its citiens are, and to esta%lish its own standards for

conferring nationality al%eit only for domestic law purposes. 'n

the Nottebohm case,( the 'nternational +ourt of >ustice C'+>D ruled

that Eiechtenstein is the sole Mudge of whether /otte%ohm is a citien

of the State %ut such is for domestic law purposes only as other nationsare not o%liged to recognie /otte%ohms Eiechtenstein citienship

especially a%sent a genuine lin# %etween /otte%ohm and that State.

The !?3 @ague 'onvention on 'ertain Questions Re*ating to the

'on8ict o Nationa*it- Aa(s1$ Chereafter, the !?3 @ague

'onventionD pro2ides the following rules in determining a persons

nationality-

't is for each State to determine under its own law who are its

nationals. This law shall %e recognied %y other States in so far as it isconsistent with international con2entions, international custom, and

the principles of law generally recognied with regard to nationality.3

C #rtic*e !D

Any uestion as to whether a person possesses the nationality of a

particular State shall %e determined in accordance with the law of that

State.3 C #rtic*e 2D

A State may confer its nationality eLclusi2ely upon persons %orn within

its territory or Murisdiction %y the application of the principle of :us

so*i C%y place of %irthD 11 regardless of the nationality of their parents.

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A State may also confer nationality only to persons whose parents are

nationals of the State %y the application of the principle of :us

sanguinis C%y right of %loodD regardless of whether they are %orn within

or outside its territory. A State may also apply %oth principles of :us

so*i and :us sanguinis. A State may also confer nationality upon persons

through naturaliation, which does not reuire the naturalied citien to

%e %orn within the territory of the State or to %e %orn of parents who

are nationals of the State. A State may also consider marriage and

adoption as methods of acuiring a nationality.

The concurrent application of the principles of :us so*i and :us

sanguinis may result in an indi2idual ha2ing the nationalities of two

States, i.e., dual citienship. 'f a child whose parents State of

nationality applies the principle of :us sanguinis is %orn in the territoryof another State that applies the principle of :us so*i, the child would %e

possessed of dual citienship. The child acuires %oth the nationality of

his parents State of nationality and the nationality of the State where

he was %orn.

Article 4 of the !?3 @ague 'onvention recognies that a person

ha2ing two or more nationalities may %e regarded as its national %y

each of the States whose nationality he possesses. Bowe2er, Article 9

of the said +on2ention also adds that-Within a third State, a person ha2ing more than one nationality shall

%e treated as if he had only one. Without preMudice to the application of

its law in matters of personal status and of any con2entions in force, a

third State shall, of the nationalities which any such person possesses,

recognise eLclusi2ely in its territory either the nationality of the country

in which he is ha%itually and principally resident, or the nationality of

the country with which in the circumstances he appears to %e in fact

most closely connected.3

State$essness

While the concurrent application of the principles of :us so*i and :us

sanguinis may result in a person ha2ing dual or multiple nationalities,

their conUicting application, on the other hand, may result in an

anomaly where%y an indi2idual is not possessed of any nationality.

'f a child whose parents State of nationality eLclusi2ely applies the

principle of :us so*i is %orn in the territory of another State that


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eLclusi2ely applies the principle of :us sanguinis, the child would not %e

considered a citien of either State hence, a stateless person.

Article 1 of the !?"B 'onvention Re*ating to the %tatus o %tate*ess

)ersons1" de!nes astate*ess +erson as a person who is not

considered as a national %y any State under the operation of its laws.

Since many rights and pri2ileges aHorded %y States may %e eLercised

only %y their nationals, a stateless person, therefore, is at a %ig

disad2antage.

While nationality is the %asis of the reciprocal o%ligation of allegiance

on the part of the citien and o%ligation of protection on the part of the

State, a stateless person is not without o%ligations to the State in which

he !nds himself. Article " of the !?"B 'onvention Re*ating to the

%tatus o %tate*ess )ersons14 pro2ides that-72ery stateless person has duties to the country in which he !nds

himself, which reuire in particular that he conform to its laws and

regulations as well as to measures ta#en for the maintenance of pu%lic

order.3

eciprocally, although not a national of the State in which he !nds

himself, a stateless person is not entirely without right and protection.

8nder the same 'onvention,1= a stateless person shall %e accordedthe same treatment at least as fa2ora%le as that accorded to the

nationals of the State with respect to freedom to practice their religion

and freedom as regards the religious education of their children.19 A

stateless person shall also %e accorded the same treatment granted to

a national of the country of his ha%itual residence with respect to rights

to artistic rights and industrial property, free access to courts,

rationing, elementary education, and pu%lic relief and assistance.1: A

stateless person shall also %e accorded the same treatment which shall%e as fa2ora%le as possi%le and, in any e2ent, not less fa2ora%le than

that accorded to aliens generally in the same circumstances with

respect to rights to mo2a%le and immo2a%le property, right of

association, wage0earning employment, li%eral professions, housing,

and freedom of mo2ement.1*

Aiming to reduce statelessness %y international agreement, the !?C!

'onvention on the Reduction o %tate*essness1) has adopted the

following measures to pre2ent statelessness-

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A +ontracting State shall grant its nationality to a person %orn in its

territory who would otherwise %e stateless.3 D#rtic*e !

A +ontracting State shall grant its nationality to a person, not %orn in

the territory of a +ontracting State, who would otherwise %e stateless,

if the nationality of one of his parents at the time of the persons %irth

was that of that State.3 D#rtic*e B

!"e Ri#"t to Nationa$ity in Internationa$ (a

Since nationality is the legal %ond %etween a State and an indi2idual,

such %ond is not possi%le without the consent of the State. Such

consent may %e manifested %y a State in se2eral ways-

1. 7Lpressly, through a municipal law that confers nationality upon

a foundling

". 7Lpressly, through an international con2ention or treaty where a

State assumes the o%ligation to confer its nationality upon

foundlings in its territory or

4. 'mpliedly, through a rule of customary international law that

imposes an o%ligation on the State to confer its nationality upon

foundlings in its territory.

This article focuses only on conferment of nationality on foundlings

either %y way of an o%ligation assumed under an internationalcon2ention or imposed %y an international custom or norm. Bowe2er,

the eLamination of municipal laws that confer nationality upon

foundlings is still rele2ant as e2idence of a general practice accepted

as law, i.e., an international custom.1(

Bence, under 'nternational Eaw, the right of a foundling to nationality

can %e %ased on international con2entions or on international customs,

%oth of which are considered to %e sources of 'nternational Eaw

pursuant to Article 4), paragraph 1 of the Statute of the 'nternational+ourt of >ustice C'+> Statute3D."$

!"e Ri#"t to Nationa$ity in Reso$'tions o% t"e United Nations

Genera$ Asse+b$y

The Universa* ec*aration o @uman Rights,"1 which was adopted %y

the General Assem%ly of the 8nited /ations on 1$ 6ecem%er 1(=), has

codi!ed nationa*it- 3 as a human right."" Article 19 of the

6eclaration reads-

C1D 72eryone has the right to a nationality.



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C"D /o one shall %e ar%itrarily depri2ed of his nationality nor denied the

right to change his nationality.

As to the %inding nature of resolutions of the 8./. General Assem%ly,

Professor 'an 5rownlie eLpresses the 2iew that these resolutions, in

general, are not %inding on mem%er States. Be adds, howe2er, that

when the resolutions are concerned with general norms of international

law, then acceptance %y a maMority 2ote constitutes e2idence of the

opinions of go2ernments in the widest forum for the eLpression of such

opinions."4

As a mere resolution of the General Assem%ly, the Universa*

ec*aration o @uman Rightsis not +er se legally %inding. There is,

howe2er, a 2iew that since 1(=) the 6eclaration has %ecome %inding

as a new rule of +ustomary 'nternational Eaw."= Paragraph " of

the)roc*amation o Teheran,"9 which was adopted %y the

'nternational +onference on Buman ights held in 'ran in 1(:)

declares- The Universa* ec*aration o @uman Rights states a common

understanding o the +eo+*es o the (or*d concerning the ina*ienab*e

and invio*ab*e rights o a** members o the human ami*- and

constitutes an ob*igation or the members o the internationa*

communit- .3'n 1(9(, the ec*aration on the Rights o the 'hi*d": was proclaimed

%y the 8./. General Assem%ly through its esolution 14):CV'&D of "$

/o2em%er 1(9(. 't contains a more emphatic pro2ision on the right to

nationality as applied to children as it ma#es it an entitlement of a child

from %irth. Principle 4 of the 6eclaration reads-

The child shall %e entitled from his %irth to a name and a nationality.3

Another resolution of the 8./. General Assem%ly, the ec*aration on%ocia* and Aega* )rinci+*es re*ating to the )rotection and ;e*are o

'hi*dren,"* adopted on 4 6ecem%er 1():, and pu%lished on :


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!"e Ri#"t to Nationa$ity in Internationa$ Con2entions

'nternational con2entions or treaties are agreements that esta%lish

rules that are eLpressly recognied %y the parties to them.

") The Fienna 'onvention on the Aa( o Treaties"(de!nes

a treat- as an international agreement concluded %etween States in

written form and go2erned %y international law, whether em%odied in a

single instrument or in two or more related instruments and whate2er

its particular designation.4$

Since eLpress consent is reuired for a State to %e %ound %y the rules

that international con2entions or treaties esta%lish, States that do not

%ecome a party to a particular con2ention or treaty cannot %e %ound

%y its terms. This principle was eLplained %y the '+> in the North %ea

'ontinenta* %he* cases /01 where it stated that-'n principle, when a num%er of States, including the one whose

conduct is in2o#ed, and those in2o#ing it, ha2e drawn up a con2ention

speci!cally pro2iding for a particular method %y which the intention to

%ecome %ound %y the rgime of the con2ention is to %e manifested0

namely %y the carrying out of certain prescri%ed formalities

Crati!cation, accessionD, it is not lightly to %e presumed that a State

which has not carried out these formalities, though at all times fully

a%le and entitled to do so, has ne2ertheless somehow %ecome %oundin another way. 'ndeed if it were a uestion not of o%ligation %ut of

rights,Xif, that is to say, a State which, though entitled to do so, had

not rati!ed or acceded, attempted to claim rights under the

con2ention, on the %asis of a declared willingness to %e %ound %y it, or

of conduct e2incing acceptance of the con2entional rgime, it would

simply %e told that, not ha2ing %ecome a party to the con2ention it

could not claim any rights under it until the professed willingness and

acceptance had %een manifested in the prescri%ed form.34"

The principle is also echoed in the Fienna 'onvention on the Aa( o

Treaties. 't states- # treat- does not create either ob*igations or rights

or a third %tate (ithout its consent.44 't adds further- #n ob*igation

arises or a third %tate rom a +rovision o a treat- i the +arties to the

treat- intend the +rovision to be the means o estab*ishing the

ob*igation and the third %tate e9+ress*- acce+ts that ob*igation in

(riting.34=

Therefore, a rule conferring nationality upon foundlings, if esta%lished

pursuant to an international con2ention or treaty, is only %inding on



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States that are parties to the said con2ention or treaty. +onseuently,

foundlings found in States that are not parties to such an international

con2ention may not compel said States to gi2e them their nationalities.

Thus, the following international con2entions that a@rm the right of

e2eryone to a nationality must %e understood as %inding only on State

which are parties to them, either %y rati!cation, accession, or any other

means allowed %y the particular con2ention in uestion.

The +ouncil of 7urope a@rms the right of e2eryone to a nationality

through the Euro+ean 'onvention on Nationa*it- ,49 which it adopted

on : /o2em%er 1((* at Stras%ourg. 't pro2ides-

Article = O Principles

The rules on nationality of each State Party shall %e %ased on the

following principles-

1. e2eryone has the right to a nationality

". statelessness shall %e a2oided

4. no one shall %e ar%itrarily depri2ed of his or her nationality

The Ara% States also recognie the right to a nationality. Article "( of

the #rab 'harter on @uman Rights,4: which was adopted %y the

+ouncil of the Eeague of Ara% States on "" ay "$$=, states-

1. 72eryone has the right to nationality. /o one shall %e ar%itrarily

or unlawfully depri2ed of his nationality.

". States parties shall ta#e such measures as they deem

appropriate, in accordance with their domestic laws on nationality,

to allow a child to acuire the mothers nationality, ha2ing due

regard, in all cases, to the %est interests of the child.4. /o one shall %e denied the right to acuire another nationality,

ha2ing due regard for the domestic legal procedures in his

country.

The Association of Southeast Asian /ations CAS7A/D also echoes a

similar declaration which a@rms the right to nationality. Article 1) of

the #%E#N @uman Rights ec*aration,4*which was adopted on 1)

/o2em%er "$1" at Phnom Penh, +am%odia, states-

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72ery person has the right to a nationality as prescri%ed %y law. /o

person shall %e ar%itrarily depri2ed of such nationality nor denied the

right to change that nationality.3

The Eatin American States also uphold the right to nationality of e2ery

person. The #merican 'onvention on @uman Rights, )act o %an Gose,

'osta Rica,34) which was adopted %y the ;rganiation of American

States C;ASD on "" /o2em%er 1(:(, states-

Article "$. ight to /ationality

1. 72ery person has the right to a nationality.

". 72ery person has the right to the nationality of the state in

whose territory he was %orn if he does not ha2e the right to any

other nationality.

4. /o one shall %e ar%itrarily depri2ed of his nationality or of the

right to change it.

The !??" 'ommon(ea*th o Inde+endent %tates 'onvention on @uman

Rights and 6undamenta* 6reedoms,4( which was adopted on ": ay

1((9 at ins#, 5elarus, also pro2ides that-

Article "=

1. 72eryone shall ha2e the right to citienship.

". /o one shall %e ar%itrarily depri2ed of his citienship or of the

right to change it.

'n other international con2entions, this right to a nationality is

guaranteed in a clearer language, i.e., as the right to acuire a

nationa*it- , especially in the case of children.

Article "=C4D of the Internationa* 'ovenant on 'ivi* and )o*itica* Rights,

=$ which was adopted on 1: 6ecem%er 1(:: in /ew For#, a@rmsthat- Ever- chi*d has the right to acuire a nationa*it- .3

Article *C1D of the 'onvention on the Rights o the 'hi*d,=1 which was

adopted on "$ /o2em%er 1()( in /ew For#, reads-

The child shall %e registered immediately after %irth and shall ha2e

the right from %irth to a name, the right to acuire a nationality and as

far as possi%le, the right to #now and %e cared for %y his or her

parents.3



24/46

Article *C"D of the same 'onvention=" imposes the further o%ligation

upon States Parties to ensure the im+*ementation o these rights in

accordance (ith their nationa* *a( and their ob*igations under the

re*evant internationa* instruments in this 1e*d, in +articu*ar (here the

chi*d (ou*d other(ise be state*ess.3

The African States also assert the right of e2ery child to acuire a

nationality. The #rican 'harter on the Rights and ;e*are o the 'hi*d,

=4 which was adopted %y the ;rganiation of African 8nity on 11 >uly

1(($ at Addis A%a%a, 7thiopia, states-

Article :- /ame and /ationality

1. 72ery child shall ha2e the right from his %irth to a name.

". 72ery child shall %e registered immediately after %irth.

4. 72ery child has the right to acuire a nationality.

=. States Parties to the present +harter shall underta#e to ensure

that their +onstitutional legislation recognie the principles

according to which a child shall acuire the nationality of the

State in the territory of which he has %een %orn if, at the time of

the childs %irth, he is not granted nationality %y any other State

in accordance with its laws.

!"e S*ope and Meanin# o% t"e Ri#"t to Nationa$ityWhile there is no uestion a%out the %inding nature of the pro2isions of

international con2entions protecting the right of e2eryone to a

nationality and to acuire a nationality, the uestion, howe2er, is the

scope of the said pro2isions and the nature of the o%ligation they

impose upon the states which are parties to them. Are the said general

rights to a nationality and to acuire a nationality su@cient to impose a

%inding o%ligation upon a state party to confer its nationality upon a

foundling in its territory?

'n enera* 'omments No. !H/ #rtic*e 2B DRights o the 'hi*d,== the

Buman ights +ommittee has made the following o%ser2ations-

Special attention should also %e paid, in the conteLt of the protection

to %e granted to children, to the right of e2ery child to acuire a

nationality, as pro2ided for in article "=, paragraph 4. While the

purpose of this pro2ision is to pre2ent a child from %eing aHorded less

protection %y society and the State %ecause he is stateless, it does not



25/46

necessarily ma#e it an o%ligation for States to gi2e their nationality to

e2ery child %orn in their territory.3

'n his uide to the “Travau9 )r+aratoires” o the Internationa*

'ovenant on 'ivi* and )o*itica* Rights,=9 arc 5ossuyt made the

following o%ser2ations with respect to the adoption of the wording of

Article "=, paragraph 4 of the '++P.

6uring the ensuing de%ate, the word Yacuire was inserted in draft

Article "=C4D, and the words Yfrom his %irth were deleted. Accordingly,

the word Yacuire would infer that naturaliation was not to %e

considered as a right of the indi2idual %ut was accorded %y the State at

its discretion.=:

Bence, the general right of e2eryone to nationality and of e2ery child to

acuire a nationality does not impose an unuali!ed o%ligation on the

part of a State party to gi2e its nationality on e2ery child %orn on its

territory.

The same interpretation would apply to all the other international

con2entions that protect the right of e2eryone to nationality and the

more speci!c right of a child to acuire a nationality, including

the 'onvention on the Rights o the 'hi*d which was adopted afterthe I'')R. 'n fact, Article *C"D of the +on2ention on the ights of the

+hild pro2ides- %tates +arties sha** ensure the im+*ementation o

these rights in accordance (ith their nationa* *a( and their ob*igations

under the re*evant internationa* instruments in this 1e*d, in +articu*ar

(here the chi*d (ou*d other(ise be state*ess.3

Article *C"D of the +on2ention on the ights of the +hild underscores

the eual importance of a States nationa* *a(3 and its ob*igations

under the re*evant internationa* instruments3 in ensuring itsimplementation of the right of a child to acuire a nationality, in

+articu*ar (here the chi*d (ou*d other(ise be state*ess. This o%ligation

is eLplained %y the Buman ights +ommittee in paragraph ) of enera*

'omments No. !H,=* which reads-

States are reuired to adopt e2ery appropriate measure, %oth

internally and in cooperation with other States, to ensure that e2ery

child has a nationality when he is %orn. 'n this connection, no

discrimination with regard to the acuisition of nationality should %e

admissi%le under internal law as %etween legitimate children and



26/46

children %orn out of wedloc# or of stateless parents or %ased on the

nationality status of one or %oth of the parents. The measures adopted

to ensure that children ha2e a nationality should always %e referred to

in reports %y States parties.

Internationa$ Con2entions t"at Spe*i3*a$$y App$y to &o'nd$in#s

While the international con2entions cited a%o2e deal with the right to

nationality as applied to anyone or any person, or to children in

general, there are se2eral international con2entions that contain

speci!c pro2isions that apply to foundlings and their right to a

nationality.

The !?3 @ague 'onvention on 'ertain Questions Re*ating to

the 'on8ict o Nationa*it- Aa(s=) pro2ides-

Article 1=. A child whose parents are %oth un#nown shall ha2e the

nationality of the country of %irth. 'f the childs parentage is

esta%lished, its nationality shall %e determined %y the rules applica%le

in cases where the parentage is #nown.

A foundling is, until the contrary is pro2ed, presumed to ha2e %een

%orn on the territory of the State in which it was found.

Article 19. Where the nationality of a State is not acuired

automatically %y reason of %irth on its territory, a child %orn on the

territory of that State of parents ha2ing no nationality, or of un#nown

nationality, may o%tain the nationality of the said State. The law of that

State shall determine the conditions go2erning the acuisition of its

nationality in such cases.3

The !?C! 'onvention on the Reduction o %tate*essness,

=( on the other hand, contains the following pro2isions-

#rtic*e !

1. A +ontracting State shall grant its nationality to a person %orn in

its territory who would otherwise %e stateless. Such nationality

shall %e granted-

CaD at %irth, %y operation of law, or

CbD upon an application %eing lodged with the appropriate authority, %yor on %ehalf of the person concerned, in the manner prescri%ed %y the

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national law. Su%Mect to the pro2isions of paragraph " of this article, no

such application may %e reMected.

A +ontracting State which pro2ides for the grant of its nationality in

accordance with su%paragraph CbD of this paragraph may also pro2ide

for the grant of its nationality %y operation of law at such age and

su%Mect to such conditions as may %e prescri%ed %y the national law.

#rtic*e 2

A foundling found in the territory of a +ontracting State shall, in the

a%sence of proof to the contrary, %e considered to ha2e %een %orn

within that territory of parents possessing the nationality of that State.

#rtic*e !2

1. 'n relation to a +ontracting State which does not, in accordance

with the pro2isions of paragraph 1 of article 1 or of article = of this

+on2ention, grant its nationality at %irth %y operation of law, the

pro2isions of paragraph 1 of article 1 or of article =, as the case

may %e, shall apply to persons %orn %efore as well as to persons

%orn after the entry into force of this +on2ention.

". The pro2isions of paragraph = of article 1 of this +on2ention shall

apply to persons %orn %efore as well as to persons %orn after its

entry into force.4. The pro2isions of article " of this +on2ention shall apply only to

foundlings found in the territory of a +ontracting State after the

entry into force of the +on2ention for that State.

The Euro+ean 'onvention on Nationa*it- 9$ also pro2ides-

Article : O Acuisition of /ationality

1 7ach State Party shall pro2ide in its internal law for its nationality to

%e acuired e9 *ege%y the following persons-1. children one of whose parents possesses, at the time of the %irth

of these children, the nationality of that State Party, su%Mect to

any eLceptions which may %e pro2ided for %y its internal law as

regards children %orn a%road. With respect to children whose

parenthood is esta%lished %y recognition, court order or similar

procedures, each State Party may pro2ide that the child acuires

its nationality following the procedure determined %y its internal

law

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". foundlings found in its territory who would otherwise %e

stateless.

The 'ovenant on the Rights o the 'hi*d in Is*am ,91 which was

adopted %y the 4"nd 'slamic +onference of une "$$9, states-

#rtic*e %even = Identit-

1. A child shall, from %irth, ha2e right to a good name, to %e

registered with authorities concerned, to ha2e his nationality

determined and to #now hisIher parents, all hisIher relati2es and

foster mother.

". States Parties to the +o2enant shall safeguard the elements of

the childs identity, including hisIher name, nationality, and family

relations in accordance with their domestic laws and shall ma#ee2ery eHort to resol2e the issue of statelessness for any child %orn

on their territories or to any of their citiens outside their territory.

4. The child of un#nown descent or who is legally assimilated to this

status shall ha2e the right to guardianship and care %ut without

adoption. Be shall ha2e a right to a name, title and nationality.

!"e Ri#"t to Nationa$ity in C'sto+ary Internationa$ (a

The +harter of the 8nited /ations9" ac#nowledges the eListence of

customary international law through Article 4)C1DC%D of the '+> Statute,which is incorporated into the +harter %y Article (" thereof. 't states-

The +ourt, whose function is to decide in accordance with

'nternational Eaw such disputes as are su%mitted to it, shall applyJ

international custom, as e2idence of a general practice accepted as

law.394

5eing a general practice accepted as law, a rule of customary

international Eaw reuires the presence of a State practice CususD and

the %elief that such practice is o%ligatory as a matter of law or Muridical

necessity Co+inio :uris sive necesitatisD. J+inio :uris was descri%ed %y

Professor 5rownlie as a sense o *ega* ob*igation, as o++osed to

motives o courtes-, airness, or mora*it-.3

We will now turn to eLamine if there is e2idence of practice that States

adhere to, out of a sense of legal o%ligation Co+inio :urisD, that is

su@cient to maintain that the o%ligation of a State to gi2e its

nationality upon a foundling %orn or found on its territory has

crystallied into a rule of customary international law.



29/46

State practice in the form of ha2ing municipal laws granting nationality

on foundlings in their territories has %een found in the following States-

1. 8nited States of America O Section 4$1CfD of its Immigration and

Nationa*it- #ct,9=also #nown as the


30/46

Article 1C"D A child found a%andoned in 6enmar# will, in the a%sence of

e2idence to the contrary, %e considered a 6anish national.

1.


31/46

1. 8nited Ringdom O The 5ritish /ationality Act of 1()1:: states-

C"D A new0%orn infant who, after commencement, is found a%andoned

in the 8nited Ringdom shall, unless the contrary is shown, %e deemed

for the purposes of su%section C1D0

CaD to ha2e %een %orn in the 8nited Ringdom after commencement and

C%D to ha2e %een %orn to a parent who at the time of the %irth was a

5ritish citien or settled in the 8nited Ringdom.

1. 'ndia O Section 4C1D of its +itienship Act of 1(99:* states-

". +itienship %y %irth

C1D 7Lcept as pro2ided in su%0section C"D, e2ery person %orn in 'ndia, O

CaD on or after the ":th day of >anuary, 1(9$.

ere %irth in 'ndia, e2en if %oth the parents are un#nown, is su@cient.

:)

1. Sri Ean#a O 'ts +itienship Act of 1(=):( pro2ides-

".


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1. 7gypt O 'ts Eaw /o. ": of 1(*9 +oncerning 7gyptian

/ationality*1 pro2ides-

Article "- Shall %e considered 7gyptians-

=. Those who were %orn in 7gypt of un#nown parents. A foundling in

7gypt shall %e considered as %orn in it, unless otherwise pro2ed.

9. 'ra O 'ts Eaw /o. C=:D of 1(:4*" pro2ides-

Article =- Shall here%y deemed to %e an 'rai /ational-

4. 72ery person in 'ra of un#nown parents. The foundling who is

found in 'ra, shall %e deemed to %e %orn there unless there shall

%e an e2idence against it.

=. Ruwait O 'ts /ationality Eaw of 1(9(*4 pro2ides-

Article 4. Ruwaiti nationality is acuired %y any person %orn in Ruwait

whose parents are un#nown. A foundling is deemed to ha2e %een %orn

in Ruwait unless the contrary is pro2ed.

1. oam%iue O 'ts /ationality Act of 1(*9*= states-

Article 1

1. The following shall %e oam%ican nationals, pro2ided they are

%orn in oam%iue-

C%D Persons %orn of stateless parents or parents of un#nown nationality

or of un#nown parents

1. Algeria O The /ationality Eaw of 1(*$*9 states that-

Article *. The following are of Algerian nationality %y %irth in Algeria-

C1D the child %orn in Algeria of un#nown parents

Bowe2er, the child %orn in Algeria of un#nown parents shall not %e

considered to ha2e e2er %een Algerian if, %efore he comes of age, it is

esta%lished that he is also of foreign descent and if he possesses the

nationality of his foreign parent in accordance with the law of that

country.

Any foundling found in Algeria is considered to %e %orn in Algeria untilthe contrary has %een pro2ed.

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1. 5elie O The /ationality Act of 1()1*: pro2ides-

". stated that-

't is not to %e eLpected that in the practice of States the application of

the rules in uestion should ha2e %een perfect, in the sense that States

should ha2e refrained, with complete consistency, from the use of force



34/46

or from inter2ention in each others internal aHairs. The +ourt does not

consider that, for a rule to %e esta%lished as customary, the

corresponding practice must %e in a%solutely rigorous conformity with

the rule. 'n order to deduce the eListence of customary rules, the +ourt

deems it su@cient that the conduct of States should, in general, %e

consistent with such rules, and that instances of State conduct

inconsistent with a gi2en rule should generally ha2e %een treated as

%reaches of that rule, not as indications of the recognition of a new

rule. 'f a State acts in a way prima facie incompati%le with a recognied

rule, %ut defends its conduct %y appealing to eLceptions or

Musti!cations contained within the rule itself, then whether or not the

States conduct is in fact Musti!a%le on that %asis, the signi!cance of

that attitude is to con!rm rather than to wea#en the rule.3)$ The '+> also emphasied the necessity of o+inio :uris in se2eral

decisions. 'n the /orth Sea +ontinental Shelf cases, it o%ser2ed-

/ot only must the acts concerned amount to a settled practice, %ut

they must also %e such, or %e carried out in such a way, as to %e

e2idence of a %elief that this practice is rendered o%ligatory %y the

eListence of a rule of law reuiring it. The need for such a %elief, i.e.,

the eListence of a su%Mecti2e element, is implicit in the 2ery notion of

the o+inio :uris sive necessitatis. The States concerned must thereforefeel that they are conforming to what amounts to a legal o%ligation.

The freuency, or e2en ha%itua1 character of the acts is not in itself

enough. There are many international acts, e.g., in the !eld of

ceremonial and protocol, which are performed almost in2aria%ly, %ut

which are moti2ated only %y considerations of courtesy, con2enience or

tradition, and not %y any sense of legal duty.3)1

While the State practice of conferring nationality on foundlings is

su@ciently dense and eLtensi2e, it does not appear to %e 2irtually

uniform.

A num%er of States gi2e their citienship on foundlings found in their

territory without reuiring that the foundling must ha2e %een %orn in

their territory. Some States, on the other hand, reuire that a foundling

%e %orn in their territory in strict application of the principle of :us so*i.

5ut some States implement a presumption that foundlings are deemed

to ha2e %een %orn in their territory unless the contrary is pro2ed.

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;ther States implementing such presumption impose a period within

which such presumption can %e re%utted, and that after such period

and there is no e2idence against it, then the presumption %ecomes

conclusi2e. An eLample of this is


36/46

". ultilateral treaties can pro2ide the impulse or model for the

formation of new customary rules through State practice.($

4. ultilateral treaties can assist in the crystalliation3 of emerging

rules of customary international law.(1

=. A multilateral treaty may gi2e rise to new customary rules Cor to

assist in their creationD of its own impact3 if it is widely adopted

%y States and it is the clear intention of the parties to create new

customary law.("

Treaties can, therefore, play an important role in the crystalliation of

emerging norms as %inding international customs or at least to a@rm

their eListence. 'n the North %ea 'ontinenta* %he* cases, the '+> also

recognied the norm0creating nature of treaties, as one of the

recognied methods of esta%lishing international customs, holding that-There is no dou%t that this process is a perfectly possi%le one and

does from time to time occur- it constitutes indeed one of the

recognied methods %y which new rules of customary international law

may %e formed.3(4

The '+>, howe2er, also declared that in order to %ecome an

international custom, the pro2ision of a treaty in uestion must %e-

a norm0creating pro2ision which has constituted the foundation of, orhas generated a rule which, while only con2entional or contractual in

its origin, has since passed into the general corpus of international law,

and is now accepted as such %y the opinio Muris, so as to ha2e %ecome

%inding e2en for countries which ha2e ne2er, and do not, %ecome

parties to the +on2ention.3(=

The rele2ant treaty pro2isions that speci!cally gi2e foundlings the right

to the nationality of the State where they are found state pro2ide the

following-

1. A child whose parents are %oth un#nown shall ha2e the

nationality of the country of %irth. CArt. 1=, !?3 @ague

'onventionD(9

". A foundling is, until the contrary is pro2ed, presumed to ha2e

%een %orn on the territory of the State in which it was found. CArt.

1=, !?3 @ague 'onventionD(:

4. A foundling found in the territory of a +ontracting State shall, in

the a%sence of proof to the contrary, %e considered to ha2e %een



37/46

%orn within that territory of parents possessing the nationality of

that State. CArt. ", !?C! 'onvention on the Reduction o

%tate*essnessD(*

=. 7ach State Party shall pro2ide in its internal law for its nationality

to %e acuired e9 *ege %y foundlings found in its territory who

would otherwise %e stateless. C :,Euro+ean 'onvention on

Nationa*it- D()


38/46

which entered into force on 1 arch "$$$. While the +on2ention is also

open to non0mem%ers of the +ouncil of 7urope, the +on2ention, as of

this writing, has %een signed %y twenty0nine States, %ut has %een

rati!ed %y only twenty of those States.1$4


39/46

Thus, the right of foundlings to a nationality will Must %e an empty

rhetoric unless States accord it due respect and ta#e measures,

internally and internationally, to implement the right.


40/46

shall %e one and eual, irrespecti2e of the grounds of acuisition

CArticle : C1D a citien of the ussian %econd )hase,

'nternational +ourt of >ustice C'+>D, : April 1(99

1$ Eeague of /ations, 'onvention on 'ertain Questions Re*ating to

the 'on8ict o Nationa*it- Aa(, 14 April 1(4$, Eeague of /ations, Treaty

Series, 2ol. 1*(, p. )(, /o. =14*

11 Gus so*i literally means right o the soi*.31" 8/ General Assem%ly, 'onvention Re*ating to the %tatus o

%tate*ess )ersons, ") Septem%er 1(9=, 8nited /ations, Treaty Series,

2ol. 4:$, p. 11*

14 %u+ra.

1= %u+ra.

19 Ibid., Art. =

1: Ibid., Articles 1=, 19, 1:, "$, "", "4

1* Ibid., Articles 14, 19, 1*, 1), 1(, "1, ":1) 8/ General Assem%ly, 'onvention on the Reduction o

%tate*essness, 4$ August 1(:1, 8nited /ations, Treaty Series, 2ol. ()(,

p. 1*9

1( Article 4), paragraph 1C%D, %tatute o the Internationa* 'ourt o

Gustice, 1) April 1(=:

"$ See 'an 5rownlie, )rinci+*es o )ub*ic Internationa* Aa(, at p. 4

C


41/46

"" en de Groot, Sur2ey on ules on Eoss of /ationality in

'nternational Treaties and +ase Eaw, +7PS Papers in Ei%erty and

Security in 7urope, /o. 9*IAugust "$14, a2aila%le

at- http-IIcore.ac.u#IdownloadIpdfI1:91=111.pdf Accessed on August

"$, "$19

"4 'an 5rownlie, )rinci+*es o )ub*ic Internationa* Aa(, at p. 1= C, North %ea 'ontinenta* %he* 'ases D6edera* Re+ub*ic o

erman- v. enmark> 6edera* Re+ub*ic o erman- v. Nether*ands,

'.+.>. eports 1(:(, p.4, 'nternational +ourt of >ustice C'+>D, "$


42/46

4( egional Treaties, Agreements, 6eclarations and

elated, 'ommon(ea*th o Inde+endent %tates 'onvention on @uman

Rights and 6undamenta* 6reedoms, ": ay 1((9

=$ 8/ General Assem%ly, Internationa* 'ovenant on 'ivi* and )o*itica*

Rights, 1: 6ecem%er 1(::, 8nited /ations, Treaty Series, 2ol. (((, p.

1*1

=1 8/ General Assem%ly, 'onvention on the Rights o the 'hi*d, "$

/o2em%er 1()(, 8nited /ations, Treaty Series, 2ol. 19**, p. 4

=" %u+ra

=4 ;rganiation of African 8nity C;A8D, #rican 'harter on the Rights

and ;e*are o the 'hi*d, 11 >uly 1(($, +A5IE7GI"=.(I=( C1(($D

== 8/ Buman ights +ommittee CB+D, '')R enera* 'omment No.

!H/ #rtic*e 2B DRights o the 'hi*d, * April 1()(=9 .>. 5ossuyt , uide to the “Travau9 )r+aratoires” o the

Internationa* 'ovenant on 'ivi* and )o*itica* Rights, artinus /iMhoH

Pu%lishers, 1()*

=: 'd. at pp. =::0=:*

=* enera* 'omments No. !H, supra., par. )

=) Eeague of /ations, 'onvention on 'ertain Questions Re*ating to

the 'on8ict o Nationa*it- Aa(, 14 April 1(4$, Eeague of /ations, Treaty

Series, 2ol. 1*(, p. )(, /o. =14*=( 8/ General Assem%ly, 'onvention on the Reduction o

%tate*essness, 4$ August 1(:1, 8nited /ations, Treaty Series, 2ol. ()(,

p. 1*9

9$ %u+ra

91 ;rganiation of the 'slamic +onference C;'+D, 'ovenant on the

Rights o the 'hi*d in Is*am, >une "$$9, ;'+I(0'GG7IB'I"$$=Iep. Statute, Article 4)C1DC%D

9= Title ''', +hapter 1, k 4$1, ) 8.S.+. 1=$1, a2aila%le

athttps-IIwww.law.cornell.eduIuscodeIteLtI)I1=$1 accessed *

Septem%er "$19

99 'anada/ 'iti4enshi+ #ct +anada, .S., 1()9, c. +0"(, 1$ >uly

1()9, a2aila%le

at-http-IIwww.refworld.orgIdocidI=)1$:cf*".html 95accessed 1"

Septem%er "$19

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43/46

9: #ustria/ 6edera* Aa( 'oncerning the #ustrian Nationa*it-

DNationa*it- #ct !?M" D*ast amended 2C Austria, 4$ >uly 1()9,

a2aila%le

at-http-IIwww.refworld.orgIdocidI4ae:%9"11=.html 95accessed ""

Septem%er "$19

9* Aa( or the $u*garian 'iti4enshi+ D*ast amended 6ebruar-

2!3 5ulgaria, 9 /o2em%er 1((), a2aila%le

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Septem%er "$19

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2B 6enmar#, +onsolidated Act /o. 114 of "$ une

"$$=, a2aila%le

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:9 %(edish 'iti4enshi+ #ct D(ith amendments u+ to and inc*uding

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*( 'ase 'oncerning Ki*itar- and )arami*itar- #ctivities In and #gainst

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+ourt of >ustice C'+>D, "* >une 1():

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6ormation o 'ustomar- Denera* Internationa* Aa(, %tatement o

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Internationa* Aa(, 'nternational Eaw Association Eondon +onference

"$$$, a2aila%le at http-IIwww.ila0

h.orgIdownload.cfmIdocidIA*$(+6750("6:0=+


46/46

(= Id.

(9 Eeague of /ations, 'onvention on 'ertain Questions Re*ating to

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