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The Problem of Statelessness – Consolidated Report by the Secretary-General

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The Problem of Statelessness – Consolidated Report by the Secretary-General Document:- A/CN.4/56 The Problem of Statelessness – Consolidated Report by the Secretary-General Topic: Nationality including statelessness Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations UNITED NATIONS GENERAL ECONOMIC E/223D A/CN.4/56 AND 26 Majr 1952 ORIGINAL : ENGLISH SOCIAL COUNCIL •«^ ; Fourteenth session -THE PROBLEM OF STATELESSNESS Coneolidated report by the Secretary-General /TABLE OF CONTENTS 52-6188 E/2230 A/CN.4/56 B/2230 A/Œ.h/56 2 TABLE OF CONTENTS Paragraphs Page INTRODUCTION . 1-12 1° PART I: ANALYSIS OF THE SEFUEEi RECEIVED 3TROM GOVERNMENTS .. 13 - 1^2 . 15 I. AVOIDANCE OF STATELESSÎfESS IS CONNEXION WITH CHANC3ES IN TERRITORIAL SOVEREIGNTY 13-20 "15 II. NATURALISATION AND SIMILAR PROCEDURES FOR ACQUIRING A NATIONALITY EY SEAmSSS PERSONS HABITUALLY RESIDENT IN A T3FPITGRV . c . , . 21-60 25 CHAPTER I. GENERAL POSITION AS TO THE ACQUISITION OF NATIONAIITY BY NATURALIZATION .... 2^ - 39 26 Section It Statutory requirements for naturalisation 27-38 3° Category I: Admission and sojourn in the count.ry and notice of intention • . 28 3^ Category II: Knowledge of the language or of the institutions of the country . 29 3o Category III: Age end capacity 30-32 "bis 38 Category IV: Property or income requirements . • 33 WL Category V: Loss of fonaor nationality or oath of allegiance 3^-36 ^2 Category VI: Good character 37 ^ Waiver of statutory requirements for naturali2a- tion at the discretion of the authority competent to grant naturalization • 38 ^6 Section II: Practice followed with respect to naturalization 39 ^ CHAPTER II. ACQUISITION OF NATIONALITY BY SPECIFUD CATEGORIES OF POSONS BY OPERATION OF IAW, EY PRIVILF10FO PROCEDURES, OR BY NATURALISATION SOME CR ALL OF THE STATUTORY REQUIHMKNTS BEING WAIVED * . kO - 60 & /Section I: E/2230 A/OÎ.V56 3 Paragraphe Section I: Farmer.nationals of the country and children of nationals and of former 4 :" nationals . ,.""....,.. .,,./. .41-^6 ¿ft (a) Ee-acquisition of nationality "by . "" former nationals • •'•'•'»•'• ¿ 1*1-^3 °^ (b) Acquisition of nationality by "" • children of nationals or of foraer nationals kk * k6 69 Section II: Persona born in the country '.«... kf - k9 72 Section III: Members of famille a of persons ... -acquiring or ré -acquiring the country fs • nationality • ; . .' ; . •• é •. • . 50 - 57 75 ....,(;&). Spouse of a person acquiring or - ••--• ••'.•— re-acquiring the country's nationality . « /••..". •"••... 50 - 52 75 (b) Childre:i 'of a person acquiring "~ or re-acquiring the country's nationality . ." 53 - 57 76 Section IV; Persons having, rendered certain services" tor:he country . « . « • • . 58 - 59 80 Section V; Persons having oer-tâih- special "" connexion Vi;:h" the country «•. • . 60 82 III. TBE QTXESTION OF RISDUCIIiG, Ai> FAE AS POSS^LE, THE NtMBER OF CASES OF STATElfeSiSNESS CHEATED BY THE OPERATION OF NATIONALITY LAT/S* .•.*.'..'..'.*...• 61-152 87 CBAPTER I. GENETLAL COMMETS CONCERNING TBE'PR0BÍÍ3M OF RE-EXAMININC^NATMIALITY LAWS WITH A ' VIEW TC REDUCING, AS FAR AS POSSIBLE, THE F0M5ER OF C/-SES OF STATKLESSNESS CREATED 31 TEE OPERATION OF SUCH .LAWS . 63 - 70 87 CHAPTER II. • ACQUISITION OF NATIONALITY AT BIRTH . 71 - 77 1°* Group I. Country applying Jus^ soli^ as the exclusive mei«,»i£i for~deternjining • nationali't;/ at birth •'..'•'...'••• 73 1°1 Group H. Countries &v?plj'ing Jus soli^ as a,primary means and jr ••••.• s^angiiinis as a secondary means for Set^ ;íSíning^¿b,tior!ality at birth . , 7^ 1Û1 /Group HI. E/2230 Pege h Paragraph» Page Group III. Country applying Jus sangulnis as the exclusive means far determining "nationality at Mrth .......... 75 1°5 Group IV. Countries applying jus sanguinis as a primary means arid jus soil as a secondary ©Bans for determining nationality at birth . ... 76-77 1°5 CHAPTER III. EFFECT OF CHANGE IK STATUS (RECOGNITION, . ,. IJÏGITBIATIOfl AMI) ADOPTION) CK . NATIONALITY ' ; . / , • • . ¿ . ". i 78 - 82 113 Section I» Beoognition of children born out of vedlookr . , • ¿ . « • •. •• • . 80 113 Section II. Legitimation of children born out of wedlock as a result of the marriage" of their "parents ..•.«..... 81 111+ Section III. Adoption • . • • • 82 117 CHAPTER IV. EraCCTS OF tfABRIAGB, OF CHAKG3ÇS OF HftTIONALITY BY GHÊ OF THE SPOUSES DURIÎG MftSRIAGE.AKD OF THE DISSOmriON OF MABRÎÂGE ON NATIONALITY ..,....« 83-118 119 Section I. Effects of marriage on the nationality - ; of the ¿pousea . • .... *.. • •-Bh:'•• 96 119 I. Application of the neitionality law to a won an ...... who is a national of the country and marries . !:./: an alien . , . ........ .... 8j - 91V 120 A. Cases where statelessness does not occur for a woman who is a national of the country when she marries an alien .... 85 - 90 12° vS B.t Caseq where statelessness may occur for a woman who ia a national of the country I .-i . • whan she marries an alien ••••«•••• 91 . 1^3 II« Application of the nationality law to a woman who is an alien and marries a national of 'ttie oountr,jr ..................... 92-96 123 A. Cases where statelessness does not occur for .a woman who .3 an alien and marries a loational of tii¿ country 92-93 123 /B. Cases E/2230- A/QX.k/56 Page 5 Paragraphs Page B. Cases where átateles sues s may occur for a woman who is {in alien and marries a national of the country 9^-96 12** Section II. Effects of changea of nationality Suring marriage on the nationality of the other spouse • 97 - 106 131 A. Cases wiiex-e statelessness does not occur . for a .woman whosie husband loses the country1 s nationality 96.- 3.05 131 B. Case where statolessness may occur for a womein whose husband loses the country's nationality ............... 106 133 Section III» Effects of dissolution of marriage on nationality ............ J.07 - 113 13^ I. Application of the nationality law to a woman who has acqui2*ed the country's nationality by marrying a national of the country 108 - 115 13k Cases where stateJ.essness cannot occur, upon dissolution of marriage, for a woman who has acquired the country's nationality by marrying a. national of the country . • 3.08 - 115 -^ II. Application of the nationality law to a ' woman who has lost the country's nationality by marrying an alien 316 - 118 136 CBAPTER V. EFFECT'S OF VOLOTITARY ACTS AFFECTING THE . NATIOfltAL STATUS OF M INDIVIDUAL ON THE NATIONALITY OF THE IÍNDIVIDÜAL HIMSELF AND OF EIS CHILDBEN 319-13$ 138 Section I. Effects of vo3.untary acts affecting the national status of an Individual on his own nationality 319-131 138 A. Cases where as e. result of a voluntary act affecting the national status of an _....•' individual statelessness does not occur • 320 - 127 138 B. Cases where átatelesanesa may occur as a result of a voluntary act affecting the naticfcril ate.tus of an individual . 328 - 131 1^3 /Section II. E/2230. , A/CN.V56 Page 6 Paragraphs Page Section n« Effects of changes of the parentes nationality on the nationality of the children '. x • • 132-136 1^6 A. Cases where statelessness does not occur fçr'the children as a result of changes in the nationality of their parents • . 132 - 13^ 3^-6 B. Cases where statelessnesa may occur fox the .children as .a result cf changée in "the nationality of their parent ..._.. 135 - 136 XU-8 CHAPTER VI. WITHDRAWAL OF NATIONALITY , ...... 137-150 15° A. Countries vhere statelessness does not occur as a result of withdrawal of the ; pountry's nationality . ......... llfO - 1U2 15° •-» / Group 11 Country the nationality of :which cannot:he withdrawn . ikQ 150 Group II: Countries.in which the id.thdrawal of nationality does not lead to «tatelessness ........ 1^1 - 1^2 15° B» Countries where statelessness may Occur in certain cases as a result of withdrawal of the country ' s: nationalit;r . ' 1^3 - 150 151 Group I.II: .Countries in which withdrawal of nationality may te appliod only, or mainly, to national us • '• : liavirig acquired, the country s : :naticttiality otherwise than ut ..."... t)irth - . '.... " , , 1^3 - 1^6 V?l Group 17:- .Countries in which withdrawal . ,: '.•"•••. "•" .of nationality may, in certain ." ¿asea, "be, applied to all classes of nationals, and i:i gome other cases, to particular classes of • .nationals \\q - 150 'tó CHAPCER VII. PROOF Oí1 NATIONALITY I5I - 152 17° /PART II: E/2230 A/CN.4/56 ' ' t Page 7 " . PART II: SUMMARY OF THE INFORMATION CONTAINED IN THE Paragraphs Page REPLIES HSGEHED FROM GOVERNMENTS 151-152 172 I. AVOIDANCE OF STATELESSNESS IN CONNEXION WITH CHÁNCEOS OF 'TERRITORIAL' SOVEREIGNTY .«••..• 156 - L6L 172 II. 'NATURALIZATION AND .SIMILAR. PROCEDURES FOR * . ACQUIRING A NATIONALITY BY STATELESS. PERSONS HABITUALLY RESIDENT IN A ^Í&EITORY 162-196 173 CHAPTER I. \ GENERAL POSITION" AS; TO THE " '••*'"• AcuuisrricN OF NATIONALITY BY ; ; ^URALI2ATI(^ ..v:rf.v?rf'. « .:«..•:., 165-171 173 Section Î: Statutory requirements for naturalization ......*•,. 165 - 171 174 Section II; Practice -followed with respect -to-' naturalization • . « 172 - 174 173 CHAPTER II, ACQUISITION OF NATIONALITY BY SPECIFIED CATEGCEIES^OF'-pERSOilS BY' OPEIt-iTION OF ' LAW, BY PRÍV3XB6ED PROCEDURES, CR BY NATURALIZATION, SOÏJE OR ALL OF THE . '-'' STATUTORY REQUIREMENTS BEING WAIVED ..'.'. ..... 175-196 180 Section I; Former national;? and children of nationals and of former nationals 175 - 1#2 ISO Section II; Fer sons born in the country . • . • 183 - 185 182 Sectican III: Members 'of families of persons . acquiring or re-acquiring the country1 s nationality .*.«..• L86 - 192 1Ô3 Section IV: Persons who have rendered certain services to the country ...... 193 - 195 185 Section V, Persons ha-yjn^ certain special connexion1 ^/dth the- country. ..... 196 185 III. THE QUESTION OF REDUCING, AS FAR* AS POSSIBLE, THE NUMBER- OF CASES OF STnTELESSNESS CRATED BY THE OPERATION OF NATIONALITY LAWS' '• • .1.97 - 272 187 CHi'iPTER I.' GEMi2L'iL COHMENTS'CONCERNING THE PROBLEM OF RE-EXAl-IENIMG.NATICNiUJTY JJ%W WITH A VIEli.
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