On 12 April 1930, in The Hague, a Convention concerning certain questions relating to conflicts of nationality laws was concluded, together with the accompanying Protocol aimed at preventing statelessness. In Poland, it entered into force on 26 June 1937. These documents are the result of international efforts to gradually codify nationality law and to introduce mechanisms eliminating cases of statelessness.
Essence of the Convention
- The Convention reaffirms the sovereign right of a state to define its own concept of nationality, while at the same time respecting obligations arising under international law.
- It regulates issues relating to conflicts of nationality and the concept of dual nationality, particularly in relation to third states. This includes a principle allowing a third state to treat a person with multiple nationalities as possessing only one – usually the one connected with the place of habitual residence or stronger ties.
- It recognizes the possibility of renouncing a nationality acquired without the individual’s consent – provided that another state grants nationality and the conditions established by law are fulfilled.
- It also takes into account particular aspects of nationality in cases involving women after marriage, the naturalization of children, or adoption, introducing rules determining loss, retention, or acquisition of nationality depending on specific circumstances.
The Protocol complements the Convention by guaranteeing the acquisition of nationality for a child born in a state that does not grant nationality by birth, if the mother holds the nationality of that state and the father is either a national or of unknown nationality.
Although the Convention and the Protocol are historical documents, their importance for the development of international standards on nationality remains unchanged. Given the multifaceted nature of nationality issues – ranging from family law to private international law – their provisions constitute a significant legislative foundation, particularly in cross-cutting matters such as conflicts of nationality, the status of children in varying factual situations, and issues of statelessness.
