In spite of common features possessed by Protectorates under international law,they have individual legal characteristics resulting from the special conditions under which they were created, and the stage of their development. [Procedural History] [1] On October 4th, 1922, the Council of the League of Nations adopted the following resolution (Official Journal of the League of Nations, 3rd year, Attendu, ce second point de vue, que, pour la Tunisie il nexiste plus, en ltat actuel des rapports internationaux et quelles que puissent tre les ventualits de lavenir, aucun trait entre la Grande-Bretagne et le Gouver-. Contre-mmoire prsent au nom du Gouvernement de la Rpublique franaise (23 dcembre 1922). 9) ; letter from M. Kiderlen-Waechter, Secretary of State for Foreign Affairs of the German Empire to M. Jules Cambon, Ambassador of the French Republic at Berlin, dated November 4th, 1911 (read during the hearing by the French Agent). ", In his reply dated March 22nd (British Case, Appendix No. Nationality Decrees Issued in Tunis and Morocco (French Zone) on November 8th, 1921. 1930 Cambridge University Press Again, from this standpoint, the question does not, according to international law, fall solely within the domestic jurisdiction of a State, as that jurisdiction is defined above. It is certain and this has been recognised by the Council in the case of the Aaland Islands that the mere fact that a State brings a dispute before the League of Nations does not suffice to give this dispute an international character calculated to except it from the application of paragraph 8 of Article 15. We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. 500 500 500 500 500 500 500 500 500 500 Request Permissions, Proceedings of the American Society of International Law at Its Annual Meeting (1921-1969). The French Government contends that the public powers (puissance publique) exercised by the protecting State, taken in conjunction with the local sovereignty of the protected State, constitute full sovereignty equivalent to that upon which international relations are based, and that therefore the protecting State and the protected State may, by virtue of an agreement between them, exercise and divide between them within the protected territory the whole extent of the powers which international law recognises as enjoyed by sovereign States within the limits of their national territory. /Length 1844 Sir Ernest Pollock, Bart., K.B.E., K.C., M.P., on behalf of the British Government ; (4) M. D. Mrillon, Procureur gnral prs la Cour de Cassation, on behalf of the French Government. /Type /Page 9 0 obj 500 500 500 500 500 500 500 500 500 500 By virtue of these Treaties, persons claimed as British subjects would enjoy a measure of extraterritoriality incompatible with the imposition of another nationality. /TrimBox [0.028 0.043 453.572 680.357] Both terms must be less than X words apart. Copy this link, or click below to email it to a friend. The rgime of capitulations was abolished in Ethiopia only in 1936. << Great Britain protested against their application to children born to British nationals in the said territories. 453 510 476 520 516 405 573 699 530 476 B, No. 500 500 922 520 500 500 500 500 500 500 /Type /Encoding cerning Nationality Decrees Issued in Tunis and Morocco,17 PCIJ emphasized that the question whether a matter was solely within the jurisdiction of a State was essentially a relative question, depending upon the devel-opment of international relations, and it held that even in respect of matters which in principle were not regulated /Encoding 16 0 R conditions que les Gouvernements dtermineront d'accord. /Parent 2 0 R 6, and French Counter-Case, pages 77 et seq. 87 /W 89 /Y /Z 97 /a /b /c /d {~xQri vs%r$<1%/k/ vr;v;UEWBx3X77Z0wR[85NE;\smUIoP Uo*1VfYci&dF:VLk5C7BP0$bGq /(0;A ?ZzbK8Z8u|y'kC8$33/pDnM=g/p`%[2+=pfnOz%( ;O`m=B%-!s+Oz 231 /ccedilla /egrave /eacute] 8. /StructParents 1 The Secretary-General of the League will communicate paragraphs (, "Le Conseil a examin les propositions faites par Lord Balfour et M. Lon Bourgeois au, sujet de la question suivante, porte son ordre du jour du II aot, sur la demande du. /Encoding 19 0 R @,x:G)^ 7~ Dispute between France and Great Britain as to nationality decrees issued in Tunis and Morocco on November 8th, 1921 and their application to British subjects - British Cabinet - Transmits a memorandum on this subject - C.555.1922.V. It is equally true that the mere fact that one of the parties appeals to engagements of an international character in order to contest the exclusive jurisdiction of the other is not enough to render paragraph 8 inapplicable. << Finally, the French text of the Covenant is worded as. Thus, this clause is not to be extensively interpreted. Great Britain took her stand upon. stream Nationality_decrees_issued_in_tunis_and_Morocco.pdf, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Nationality_decrees_issued_in_tunis_and_Morocco.pd For Later, sued in Tunis and Morocco (French Zone) on November 8, http://www.worldcourts.com/pcij/eng/decisions/1923.02.07_morocco/. "Whereas questions of treaty obligation are by international law necessarily outside the exclusive domestic jurisdiction of any one State, "Therefore the Court will be pleased to say. /Descent -236 /CropBox [0.0 0.0 453.6 680.4] Nationality Decrees Issued in Tunis and Morocco PCIJ Series B. In 1921, decrees were made by France, and by Tunis and the French Zone of Morocco (both being then French Protectorates), imposing French and . File F.c.. endobj >> 1Nationality Decrees Issued in Tunis and Morocco(Permanent Court of International Justice), Ser. While it is obvious that these legal grounds (titres) and arguments cannot extend either the terms of the request submitted to the Court by the Council or the competence conferred upon the Court by the Councils resolution, it is equally clear that the Court must consider them in order to form an opinion as to the nature of the dispute referred to in the said resolution with regard to which the Courts opinion has been requested. /Resources 6 0 R Delete an existing alert to create a new one, Get access to the most extensive & reliable source of information in arbitration, Already registered ? Au-"/:. 16 0 obj << The question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question ; it depends upon the development of international relations. This contention is disputed by the British Government. Bx:4BHf4eA/ igDllm7$BDq0)N-~ ~9>NI-x(R8|PIv +HRIoQ8@DNg+iw ,x, wD#2V1`xc!.Oa=Ihh4=sMN|LNAwT'%t*.xB@`XEyJ U,TYnb|{*)6SO?CKtc> The question to be considered is not whether one of the parties to the dispute is or is not competent in law to take or to refrain from taking a particular action, but whether the jurisdiction claimed belongs solely to that party. Great Britain denies that the Decrees of November 8th, 1921, are applicable to British subjects, and relies in support of her contention upon the Treaties concluded by her with the two States which were subsequently placed under pro-. << conditions to be agreed between the Governments. ) /FirstChar 0 1 0 obj /op false 528 456 306 567 584 580 584 511 460 585 /F /G /H /I /J /K /L /M /N /O %-~mpW6)8vZa:D)q,@1wA-N/=wo0 b7; "Cette dclaration sera reue dans les formes et sous les conditions dtermines aux articles 8 et suivants du dcret du 29 avril 1920,". In the League system, the reservation of domestic jurisdiction under Article 15 (8) is the exception to the rule of the submission to the jurisdiction of the League of disputes which are not submitted to arbitration. endobj /Type /Font /XHeight 447 If, in order to reply to a question regarding exclusive jurisdiction, raised under paragraph 8, it were necessary to give an opinion upon the merits of the legal grounds (titres) invoked by the Parties in this respect, this would hardly be in conformity with the system established by the Covenant for the pacific settlement of international disputes. Two series of documents quoted by the Assistant Agent of the French Government during the oral proceedings and transmitted to the Court by letters dated The Hague, January 16th, and Paris, January 24th, 1923, respectively. /FontDescriptor 14 0 R /Rotate 0 /OP true Pleading the French oral argument in the case of Nationality Decrees Issued in Tunis and Morocco, A. de Lapradelle stated that the case laid before the Judges ostensibly regarded "a question of competence, but in reality, as we well knew, the whole question was submitted to you on its merits, so closely interconnected are form and substance . "(d) Le Secrtaire gnral de la Socit est charg de communiquer la Cour les alinas (a) et (b).". /e /f /g /h /i /j /k /l /m /n /OP false It is intended to indicate matters which, though they closely concern the interests of more than one State, are not, in principle, regulated by international law. (See Part IV.). /K /L /M /N /O /P 82 /R /S /T HW]oF}p4IEEVR$cr,MCr'3)](i{=K?^/iL?rvnz;x&w9Y$YPMEMRV1c1.,h{|Xx]}7^~^ eI)D=@fWro/f],~]ojuCM0MlD=PgfhH> 7b;yTF q /CapHeight 682 Whether a matter is solely within the jurisdiction of a State is a relative question. 10. International Court of Justice 2017-2023 All rights reserved. SECOND (EXTRAORDINARY) SESSION. The entry "nationality decrees (of tunis and morocco) case" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press Related Entries of the International Encyclopedia: 12 0 obj ", Si lune des parties pretend et si le Conseil reconnat que le diffrend porte sur une question que le droit international laisse la comptence exclusive de cette partie, le Conseil le constatera dans un rapport, mais sans recommander aucune solution.". In the Nationality Decrees in Tunis and Morocco, 1 there was a dispute between France and Great Britain regarding the Nationality Decrees issued in Tunis and the French zone of Morocco on 8 November 1921, and their application to British subjects, the French Government having refused to submit the legal questions involved to arbitration. Que la rponse la question pose par le Conseil de la Socit des Nations doit tre rsolue par laffirmative.". 1, 2, 3 and 4. ` 8 As a result of the Conference held in Montreux in April 1973, Great Britain, the United States and a number of other Powers agreed to the aboliton of the capitulations, while providing for an transitional period of 12 years during which certain cases involving foreigners were to be tried by Mixed Courts composed of Egyptian and other foreign nationals. H|WKsFD3[- m*[.yk[ f,s+?93^ _tLwN/}vM'Y5tI $;7t,c t |_`o'^:0. /TrimBox [0.028 0.043 453.572 680.357] But a careful scrutiny of paragraph 8 of Article 15 shows that it is not in this sense that exclusive jurisdiction is referred to in that paragraph. Nationality Decrees (of Tunis and Morocco) Case, Encyclopaedic Dictionary of International Law . The Court is, however, of opinion that these differences are of no juridical importance. 8 0 obj 563 500 621 474 617 736 703 971 500 634 It is clearly not possible to make any pronouncement upon this point without recourse to the principles of international law concerning the duration of the validity of treaties. /Z /bracketleft 93 /bracketright 97 /a /b /c /d /e By virtue of the powers conferred upon him in this resolution, the Secretary-General of the League of Nations transmitted to the Court the request of the Council by a letter dated Geneva, November 6th, 1922. 500 500 500 500 500 500 500 500 500 500 /Type /Catalog Series C,No. B04 Nationality Decrees Issued in Tunis and Morocco Request for an Advisory Opinion Advisory Opinion of 7 February 1923 B05 Status of Eastern Carelia Request for Advisory Opinion Advisory Opinion of 23 Jully 1923 (including the text of the joint declaration by Judge Weiss, Judge Nyholm, Judge de Bustamante and Judge Altamira) 1923. ee February 7th. endobj the Nationality Decrees issued in Tunis artd Morocco (French zone) on November 8532, 1921, and their appli- cation to British subjects, the French Government having refused to submit the legal questions involved to arbitration. November 25th, 1922. the Permanent Court of International Justice. 500 500 500 500 500 500] M. Altamira took part in. Considrant, le dbat ainsi pos, quil convient dabord de relever que la question de souverainet dune nation pour lgifrer en matire de nationalit sur son territoire domine la situation et nest dailleurs pas conteste, et que lapplication de ce principe au diffrend soulev par le Gouvernement anglais ne peut tre contredite ou suspendue que par une rgle formelle de droit international applicable aux faits de la cause ou par une stipulation des traits ou conventions internationaux existant entre les parties ;. The international character of the legal situation follows not only from the fact that the two Governments concerned place a different construction upon the obligations undertaken, but also from the fact that Great Britain exercises capitulatory rights in the territory of the French Protectorate in Morocco. 1) See pages 7, 8 et 9. /FontName /MinionPro-Regular /F1 9 0 R 473 442 418 500 500 500 500 500 500 500 >> "(d) The Secretary-General of the League will communicate paragraphs (a) and (b) to the Court.". /Length 1555 << Geneva, November 6th, 1922. Case presented on behalf of the Government of His Britannic Majesty to the Permanent Court of International Justice. 2023 Springer Nature Switzerland AG. /BaseFont /MinionPro-Regular :D qCNd Become a Contributor, submit your candidacy to author this Wiki Note. scopes of nationality. /egrave /eacute] 500 500 500 500 500 664 579 635 708 559 /GS3 12 0 R C. As far as Morocco is concerned, it is certain that Great Britain still exercises there her consular jurisdiction. [5] Accordingly, the Governments concerned placed the following documents at the disposal. H\S@s(fJ>xKAi Ewuti\U5V5S:BGDqR~-KJ4^GA_BOa|,BjOJ^)Vxv:mTMUhJRNC I=jqq+Rp%x 3. /Type /FontDescriptor "Cette dclaration sera reue dans les formes et sous les conditions dtermines par les articles 9 et suivants du dcret du 3 octobre 1910.". Morocco (French Zone) on November 8, 1921,2 which provided that every person born in Tunis and Morocco of parents one of whom was also born there should be regarded as a French national. - 139.59.225.188. 547 510 524 511 371 367 305 531 463 685 Conclusions finales du Gouvernement franais. Resolution of the Council of the League of Nations, October 4th, 1922 Treaty between Great Britain and Morocco, December 9th, 1856 Treaty between Great Britain and Tunis, July 19th, 1875 Convention between France and Germany regarding Morocco, November 4th, 1911 Declaration between the United Kingdom and France respecting Egypt and Morocco, Apri. Since, even assuming the French contention to be correct, the question whether France possesses such competence in this respect would still depend, as regards Great Britain, on the construction to be placed upon the mostfavoured-nation clause mentioned under No. /Ascent 718 5 0 obj endobj the Nationality Decrees issued in Tunis and Morocco (French zone) on November 8th, 1921, and their applica- tion to British subjects, the French Government having refused to submit the legal questions involved to arbi- :ration.' "The Council, noting that friendly conversations have taken place between the representatives of the two It follows, therefore, that in this respect also the question does not, by international law, fall solely within the domestic jurisdiction of a State, as that jurisdiction is defined above. /Contents 5 0 R 48 /zero /one /two /three 57 /nine /colon /semicolon 65 ' 4. These keywords were added by machine and not by the authors. endobj /op true >> /Subtype /Type1C >> >> The question therefore is no longer solely one of domestic jurisdiction as defined above. /Filter /FlateDecode /FontFile3 21 0 R /BleedBox [0.028 0.043 453.572 680.357] 21 (11)), M. Poincar states, with regard to the decrees relating to Tunis, that he is unable to adopt the views of the British Government. << In effect, the question before the Court is whether the dispute mentioned in the Councils resolution relates to a matter which, by international law, is solely within the domestic jurisdiction of France. >> You can also search for this author in /Rotate 0 /Length 481 Oscar Chinn, P.C.LJ. Permanent Court of International Justice. League of Nations: " Whether the dispute between France and Great Britain as to the nationality decrees issued in Tunis and Morocco (French zone) on 8th November, 1921, and their application to British subjects, is oP is not, by International Law, solely a matter of domestic jurisdiction" (Art. The Council noted that the two Governments had agreed that, if the opinion of the Court upon the question was that the question was not solely a matter of domestic jurisdiction, the whole dispute would be referred to arbitration or jurisdiction under conditions to be agreed between the two Governments. By a capitulatory rgime was meant a system resulting from special arrangements by treaty whereby foreigners, mainly from Western European countries, who were resident in certain Asian and African countries, enjoyed immunity from the local jurisdiction within the territory of the State in civil and criminal matters, and were subject only to the jurisdiction of the Consular Courts of their home State and subject to its municipal law. /Parent 2 0 R Supplementary Documents (submitted by the British Government on January 6th, 1923). 23-24; Georges Pinson v United Mexican States (1928) 5 UNRIAA 327, p. 364 (France-Mexico Claims Commission). >> BeIcuMany, NEGULESCO, Deputy Judges. The question therefore does not, according to international law, fall solely within the domestic jurisdiction of a single State, as that jurisdiction is defined above. 338 333 500 500 235 334 235 500 477 477 At the termination of the oral proceedings, the representatives of the two Governments, on January 13th, 1923, deposited with the Court their respective final conclusions, which are as follows : 7. All Rights Reserved. 529 715 766 341 329 673 538 891 743 747 In the case concerning Nationality Decrees Issued in Tunis and Morocco (Advisory Opinion, 1923, P.C.I.J., Series B, No. /GS1 13 0 R paragraph 1 of Article 15 of the Covenant, whilst France informed the British Government of her intention to rely upon the provisions of paragraph 8 of the same Article before the Council: The question before the Court for advisory opinion is as follows : are not, in principle, regulated by international law. /Length 193046 See also Hague Convention on Certain Questions Relating to the Conflict of Nationality The Court therefore wishes to emphasise that no statement or argument comprised in the present opinion can be interpreted as indicating a preference on the part of the Court in favour of any particular solution, as regards the whole or any individual point of the actual dispute. Access to the PDF of this document is reserved upon request to subscribers of Jus Mundi - Legal Practice offer. /Subtype /Type1 The main arguments developed by the Parties in support of their respective contentions are as follows : A. 500 500 500 500 500 500 500 500 500 500 /y /z 132 /emdash 142 /quotedblright /quoteleft /quoteright 224 /agrave Springer, Dordrecht. M. Daeschner, dated November 14th, 1911. endstream The British Governments attention was drawn to the above-mentioned decrees by its agents at Tunis and Tangiers. 682686. /z 132 /emdash /endash 141 /quotedblleft /quotedblright 144 /quoteright 232 500 500 500 500 500 500 500 500 500 500 Special attention must be called to the word" exclusive" in the French text, to which the word "solely" (within the domestic jurisdiction) corresponds in the English text. Apart from all considerations which relate to the protectorate and to the capitulations in Tunis, Great Britain relies, as regards that country, upon the most-favoured-nation clause (Anglo-French Arrangement of September x8th, 1897. and the Notes of March 8th and May 23rd, 1919, exchanged between the French and British Governments on the subject of that Arrangement ; see British Case Appendix 9, and French Counter-Case, page 64), in order to assert a claim to benefit by Article 13 of the Franco-Italian Consular Convention of September. Another Convention was signed between Great Britain and France for the abolition of British capitulatory rights in the French zone of Morocco and also in Zanzibar. vwO#(!i3?AV/UYBeB\bK\(qqWis'SCEd717eO| +3&x Kcwahi~VKS"pk8o5i=@\.-_?b] BS~Ean=v;}0UVjg^g0;qkFDo"i7;l0fneswDq&]56j=x;pos& /StructParents 0 500 500 384 217 214 500 500 500 500 500 /Type /ExtGState But when once it appears that the legal grounds. 500 500 500 379 500 691 588 665 735 568 /Filter /FlateDecode /Type /Encoding endobj |jLw"KMJYx!1:/cM5m@$ avis, la question de savoir si le diffrend ci-dessus est ou n'est pas, d'aprs le droit international. /Count 2 more than two representatives of each of these Governments. On the whole subject of matters within the domestic jurisdiction of States, see the summary of the findings of the Permanent Court of International Justice by Schwarzen-berger, in International Law,VoL 3, at p. 230: The purpose of the exemption clause of Article 15 (8) is to give preference at the point defined in this clause to the principle of sovereignty over that of collective action.. M. Poincar, in a memorandum dated 16 August 1922 (British Case, Appendix 21 (29)), once more defines the views of the French Government in the following terms : "Dune srieuse importance pour laccomplissement de la mission de lEtat protecteur, une telle question ne saurait tre considre comme susceptible daffecter au mme degr les intrts dune Puissance tierce. It depends on the stage of the evolution of international law, relation and organization. 17 0 obj 346 346 500 500 228 356 228 331 480 480 Geneva, November 6th, 1922. Advisory Opinion No. The International Court of Justice and some contemporary problems, https://doi.org/10.1007/978-94-017-4865-0_16, Tax calculation will be finalised during checkout. /colon /semicolon 63 /question 65 /A /B /C /D /E This is a preview of subscription content, access via your institution. ;>0;7:?CzO>F8vxN%0"u|?,G?no!l] >AQi|>7)mm)B=W=%^6 E),;z^FUU9[jy+ATPP0oS ?fTm(D_s5r& \WBCeA01j*j!zF07XZPjSRL5l0jbZ3%B9u5 gx:Pf:4S%S0Nd9x9+L*FQkBM3XR,b7:z|:v^E$I8{\Uj See Lauterpacht, International Law: A Treatise, Vol. /o /p /q /r /s /t /u /v /w /x B. 2 0 obj "Le Conseil a examin les propositions faites par Lord Balfour et M. Lon Bourgeois au sujet de la question suivante, porte son ordre du four du 11 aot, sur la demande du Gouvernement de Sa Majest britannique : "Diffrend entre la France et la Grande-Bretagne au sujet des dcrets de nationalit, promulgus Tunis et au Maroc (zone franaise) le 8 novembre 1921, et de leur application aux ressortissants britanniques, le Gouvernement franais ayant refus de soumettre larbitrage la question juridique.". 6 0 obj It publishes over 2,500 books a year for distribution in more than 200 countries. /FontName /MinionPro-It of disputes mentioned in Articles 13 and 15 of the Covenant. Compare these propositions with the provisions of Article 2, paragraph 7 of the United Nations Charter. /Filter /FlateDecode B, No. 500 500 500 500 500 500 500 500 500 500 /Font << /F2 10 0 R "(d) Le Secrtaire gnral de la Socit est charg de communiquer la Cour les alinas, [2] By virtue of the powers conferred upon him in this resolution, the Secretary-General of, the League of Nations transmitted to the Court the request of the Council by a letter dated. Provided by the Springer Nature SharedIt content-sharing initiative, Over 10 million scientific documents at your fingertips, Not logged in 176. - 7 Feb 1923, Request for an Advisory Opinion As regards such matters, each State is sole judge. Use NEAR alone for X = 30 words. It was an international court attached to the League of Nations. << "(c) En outre, le Conseil prend acte que les deux Gouvernements sont daccord pour que, si lavis de la Cour sur la question ci-dessus est quil ne sagit pas dune affaire dordre intrieur, lensemble de laffaire soit soumis soit larbitrage, soit un rglement juridique dans les conditions que les Gouvernements dtermineront daccord. B, No. For terms and use, please refer to our Terms and Conditions December 23rd, 1922. 3 0 obj "The Council has examined the proposals made by Lord Balfour and M. Lon Bourgeois on the subject of the following question, placed on its agenda of August 11th at the request of the Government of His Britannic Majesty : " Dispute between France and Great Britain as to the Nationality Decrees issued in Tunis and Morocco (French zone) on November 8th, 1921, and their application to British subjects, the French Government having refused to submit the legal questions involved to arbitration. As it was not found possible to adjust the divergence in the views of the two Governments by means of the correspondence which took place between, them, the British Ambassador at Paris suggested, in a further Note dated February 6th, 1922, to M. Poincar that the dispute should be referred to the Permanent Court of International Justice, and, in his Note of February 28th (British Case, Appendix No. In 1921, decrees were made by France, and by Tunis and the French Zone of Morocco (both being then French Protectorates), imposing French and From: (British Case, Appendix 21 (5) and (6).) In 1921, decrees were made by France, and by Tunis and the . First Online: 01 January 2023 235 Accesses Abstract This chapter briefly analyzes the transition from the protection of human rights in national legal systems to the international protection of human rights and the consequent erosion of the domestic jurisdiction of States. (b) As regards Morocco : the Treaty of Fez of March 30th, 1912, between France and Morocco ; the Anglo-French Declaration regarding Egypt and Morocco, dated April 8th, 1904 ; Sir Edward Greys note to, The question whether the exclusive jurisdiction possessed by a protecting State in regard to nationality questions in its own territory extends to the territory of the protected State depends upon an examination of the whole situation as it appears from the standpoint of international law. The French Decrees relate to persons born, not upon the territory of France itself, but upon the territory of the French Protectorates of Tunis and of the French zone of Morocco. /SM 0.02 << /Ascent 718 Access to the complete content on Oxford Reference requires a subscription or purchase. Dans les cas de double nationalit dorigine si frquents dans le droit international, cest une rgle gnralement reue de ne pas exercer la protection diplomatique en cas de contre-rclamation du Souverain territorial. /StemV 77 << The words "solely within the domestic jurisdiction" seem rather to contemplate certain matters which, though they may very closely concern the interests of more than one State. endobj %PDF-1.4 /ItalicAngle -12 PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). Sign in, On October 4th, 1922, the Council of the League of Nations adopted the following resolution (. In the Nationality Decrees in Tunis and Morocco,1 there was a dispute between France and Great Britain regarding the Nationality Decrees issued in Tunis and the French zone of Morocco on 8 November 1921, and their application to British subjects, the French Government having refused to submit the legal questions involved to arbitration. 4) an objec- tion was made to the jurisdiction of the Court. /FontFile3 20 0 R /Flags 6 /Pages 2 0 R /ToUnicode 18 0 R THE NATIONALITY DECREES CASE, OR, OF INTIMACY AND CONSENT This article is an in-depth study of a famous dispute before the Per-manent Court of International Justice, the 1923 case of the 'Nation-ality Decrees in Tunisia and Morocco (French Zone).' This study seeks to show some of the shifts that occurred in early 20th century On the same date, the President of the French Republic promulgated a decree of which Article 1 is thus expressed : "Est Franais tout individu n dans la zone franaise de lEmpire chrifien de parents dont lun, justiciable au titre tranger des tribunaux franais du Protectorat, est lui-mme n dans cette zone, pourvu que sa filiation soit tablie en conformit des prescriptions de la loi nationale de lascendant ou de la loi franaise, avant, lge de vingt et un ans. /OPM 1 Loner, President, Wess, Vice-President, Lord Fintay, MM. 500 500 500 500 500 500 500 500 500 500 endobj 23-24; Georges Pinson v United Mexican States (1928) 5 UNRIAA 327, p. 364 (France- Mexico Claims Commission). >> "Si ce parent nest pas celui qui, en vertu des rgles poses par la lgislation franaise, donne lenfant sa nationalit, celui-ci peut, entre sa vingt-et-unime et sa vingt-deuxime anne, dclarer quil renonce la qualit de Franais. In the case of the Nationality Decrees Issued in Tunis and Morocco, 28 the Permanent Court of International Justice was of the opinion that although issues of nationality are not regulated by international law, the right of a state can be restricted by obligations which it has undertaken towards other states and that jurisdiction which belongs . endobj 3, this question is not, according to international law, solely a matter of domestic jurisdiction as defined above. PCIJ (Permanent Court of International Justice), Advisory Opinion Both Decrees were published in the Tunisian Journal officiel on the same day, the decrees of the Bey preceding the French decree. Article 15, in effect, establishes the fundamental principle that any dispute likely to lead to a rupture"which is not submitted to arbitration in accordance with Article 13 shall be laid before the Council. - 6 Nov 1922. A difference of opinion exists between France and Great Britain as to how far it is necessary to proceed with an examination of these international engagements in order to reply to the question put to the Court. /f.sc /i.sc /v.sc /o.sc /n.sc /d.sc /y.sc /l.sc /q.sc /u.sc /ExtGState << This Article expressly contemplates the preservation of their nationality by Italian subjects in Tunis. Mmoire prsent au nom du Gouvernement de la Rpublique franaise (24 novembre 1922). International Justice, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Advisory Opinion of 12 August 1922 (including the text of the declaration of Judge Weiss), Advisory Opinion of 23 Jully 1923 (including the text of the joint declaration by Judge Weiss, Judge Nyholm, Judge de Bustamante and Judge Altamira). Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. As regards Tunis more especially, France contends that, following upon negotiations between the French and British Governments, Great Britain formally renounced her rights of jurisdiction in the Regency (Note from Lord Granville to M. Tissot dated June 20th, 1883, British Case, Appendix No. /SA false >_tqldAb3 U3Nmu In conformity with Article 73 of the Rules of Court, notice of the request was given to the Members of the League of Nations through the Secretary-General of the League, and to the States mentioned in the Annex to the Covenant. A private sitting of the Court took place on January 8th, 1923, Subsequently, public sittings were held at the Peace Palace on January 9th,,10th, 11th, 12th and 13th. The International Court of Justice and some contemporary problems pp 300316Cite as. Find out all Jus Mundi tutorial videos in : https://tutorial.jusmundi.com, In less than 3 minutes you'll find everything you need to know about Jus Mundi and how to take full advantage of our searchengine.. Part of Springer Nature. A dahir issued by His Shereefian Majesty, dated November 8th, 1921, containing only one Article, by it provides as follows : "Est Marocain, lexception des citoyens, sujets ou ressortissants de la Puissance protectrice autres que nos sujets, tout individu n dans la zone franaise de notre Empire, de parents trangers dont lun y est lui-mme n.". /Widths [500 500 535 582 531 621 565 484 510 482 << Nationality Decrees Issued in Tunis and Morocco (Permanent Court of International Justice), Ser. In: The International Court of Justice and some contemporary problems. >> Under the terms of paragraph 8, the Leagues interest in being able to make such recommendations as are. 4, at 7; Oscar Chinn, Judgment, PCIJ Rep. (1934) Series A/B No. /p /q /r /s /t /u /v /w /x /y At that time, Tunis and Morocco were French protectorates . of international engagements. Final conclusions submitted by the British Government. << endobj /Type /ExtGState In the case of Morocco also, therefore, as in the case of Tunis, there is a difference with regard to the interpretation of international engagements. /StemV 79 endobj Considrant que la question soumise la Cour pour avis, est, dans sa formule gnrale, celle de savoir si le diffrend soulev par la Grande-Bretagne en ce qui concerne les dcrets de nationalit en Tunisie et au Maroc est ou nest pas, daprs le droit international, une affaire exclusivement dordre intrieur; Attendu que le Gouvernement anglais aprs avoir demand lui-mme une dcision sur le fond, soutient aujourdhui que le diffrend est dordre international parce que la solution de la question de fond est subordonne lexamen de questions internationales, et quil suffit la Cour de constater cet tat matrial du dbat, pour rpondre ngativement la question pose; Mais attendu que rduite ces termes la question ne prsent aucun caractre contentieux, et quil tait tout fait superflu de consulter la Cour sur un point constant, que personne ne conteste, en lui demandant un avis qui ne pourrait tre que ngatif sil tait limit comme: le demande le Gouvernement anglais ; Considrant en effet que le Gouvernement franais ne conclut lincomptence de la Socit des Nations par une rponse affirmative la question pose quen fondant cette incomptence sur le rejet des exceptions de droit international que le Gouvernement britannique oppose au principe de souverainet territoriale en matire de nationalit dont il reconnat lui-mme en rgle gnrale le bien-fond ; Quil est impossible par suite, de comprendre comment la Socit des Nations aurait pu demander un avis ou ngatif ou affirmatif la Cour sans lui laisser la facult de rpondre librement dans lautre alternative ; Considrant, en consquence, que la Cour a non seulement la facult mais encore le devoir, alors surtout quil sagit uniquement dun avis, dexaminer les questions soumises par les parties dans tout leur dveloppement et de fournir pour le dbat dfinitif toutes les raisons de dcider ; '. "Expresses its entire adhesion to the principles contained in these proposals, and has adopted the following resolution : "(a) The Council decides to refer to the Permanent Court of International Justice, for its opinion, the question whether the dispute referred to above is or is not by international law solely a matter of domestic jurisdiction (Article 15, paragraph 8, of the Covenant) ; "(b) And it requests the two Governments to bring this matter before the Permanent Court of International Justice, and to arrange with the Court with regard to the date on which the question can be heard and with regard to the procedure to be followed ; "(c) Furthermore, the Council takes note that the two Governments have agreed that, if the opinion of the Court upon the above question is that it is not solely a matter of domestic jurisdiction, the whole dispute will be referred to arbitration or to judicial settlement under conditions to be agreed between the Governments. /Flags 70 No 4 Nature of the proceedings: Data not available Type of case: Advisory Proceedings Date of introduction: 6 Nov 1922 Status of the case: Rendered (Advisory) Institution: PCIJ (Permanent Court of International Justice) Documents of the case Advisory Opinion - 7 Feb 1923

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