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convention entered into force on 1July 1937. It has been of course, and of necessity, subject to congressional action.
ratified or acceeded to by thirteen states: Belgium,Brazil, d. Convention on the Nationality of Married
Great Britain, Canada, Australia, India, China, Monaco, Women. 70 Among the States who have either signed,
the Netherlands, Norway, Poland, Sweden, and Pakistan. ratified, or acceded to this convention are Canada, Chile,
The principle articles of the convention are as follows:
Ceylon, China, Colombia, Cuba, Czechoslovakia, Den-
Art. 1.It is for each State to determine under its own law who are its mark, Dominican Republic, Ireland, Israel, Norway,
nationals. This law shall be recognized by other States in so far as it is Pakistan, Portugal, Sweden, U.S.S.R., and Yugoslavia.
consistent with international conventions, international custom, and the
principles of law generaiiy recognized with regard to nationality. The treaty, in part, is as follows:
Art. 2. Any question as to whether a person possessesthe nationality Art. 1. Each Contracting State agrees that neither the celebration nor
of a particular State shall be determined in accordance with the law of the dissolution of a marriage between one of its nationals and an alien,
that State. nor the change of nationality by the husband during marriage, shall au-
Art. 3. Subject to the provisions of the present Convention, a person tomatically affect the nationality of the wife.
having two or more nationalities may be regarded as its national by each Art. 2. Each Contracting State agrees that neither the voluntary ac-
of the States whose nationality he possesses. quisition of the nationality of another State nor the renunciation of its
Art. 4. A State may not afford diplomatic protection to one of its na- nationality by one of its nationals shall prevent the retention of its na-
tionals against a State whose nationality such person also possesses. tionality by the wife of such national.
Art. 5. Within a thud State, a person having more than one na-
Article 3
tionality shall be treated as if he had only one. Without prejudice to the 1. Each Contracting State agrees that the alien wife of one of its na-
application of its law in matters of personal status and of any conventions tionals may, at her request, acquire the nationality of her husband
in force, a third State shall, of the nationalities which any such person through specially privileged naturalization procedures; the grant of such
possesses, recognize exclusively in its territory either the nationality of nationality may be subject to such limitations as may be imposed in the
the country in which he is habitually and principally resident, or the na- interests of national security or public policy.
tionality of the country with which in the circumstanceshe appears to be
in fact most closely connected. 2. Each Contracting State agrees that the present Convention shall
Art. 6. Without prejudice to the liberty of a State to accord wider not be construed as affecting any legislation or judicial practice by which
rights to renounce its nationality, a person possessing two nationalities the alien wife of one of its nationals may, at her request, acquire her
acquired without any voluntary act on his part may renounce one af husband's nationality as a matter of right.
them with the authorization of the State whose nationality he desires to
surrender. 6-12.Role of Nationality in State Responsibility. Hav-
This authorization may not be refused in the caseof a person who has ing examined the various aspects of nationality of special
his habitual and principal residence abroad, if the conditions laid down in relevance to the military attorney, attention must now be
the law of the State whose nationality he desires to surrender are focused on one of the most controversial and topical areas
satisfied. of intemational law--state responsibility. In doing so, note
c. Convention on the Nationality of Women. 69 States should be taken of the important role the various concepts
which are parties are Argentina, Brazil, Chile, Colombia, of nationality play in the determination of state respon-
Costa Rica, Cuba, Ecuador, Guatemala, Honduras, Mex- sibility and the espousal of claims on an international
ico, Nicaragua, Panama, Uruguay, and the United States. level.
The Convention provides as follows:
70. Resolution 1040 (XI) adopted by the General Assembly of the
Art. 1. There shall be no distinction based on sex as regards na-
tionality, in their legislation or in their practice. United Nations on 29 January 1957. Twenty-five states are parties to
U.S.Reservation. The agreement on the part of the United States is, this Convention. For the historical background and commentary on the
Convention, see U.N. Department of Economic and Social Affairs
69. Signed at Montevideo, Dec. 26, 1933; ratified by U.S., June. publication No. E/CN. 6/389 (1962), entitled Convention on the Na-
30, 1921; proclaimed, Oct. 11, 1934. 49 Stat. 2957 (1935-1936). tionality of Married Women.