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    Nationality Decrees Issued in Tunis and Morocco

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    Brian Jonathan Paraan
    The document summarizes a case brought before the Permanent Court of International Justice (PCIJ) regarding nationality decrees issued in Tunisia and Morocco. The decrees automatically granted French nationality to people born in those territories to parents who were born there. The British government protested and wanted the PCIJ to rule on the matter. However, the PCIJ issued an advisory opinion stating that nationality is a domestic matter outside its jurisdiction. As a result, the disputing governments agreed those in Tunisia born to British parents could renounce French citizenship, but future generations would not have that option.

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    Nationality Decrees Issued in Tunis and Morocco

    Uploaded by

    Brian Jonathan Paraan
    1K views1 page
    The document summarizes a case brought before the Permanent Court of International Justice (PCIJ) regarding nationality decrees issued in Tunisia and Morocco. The decrees automatically granted French nationality to people born in those territories to parents who were born there. The British government protested and wanted the PCIJ to rule on the matter. However, the PCIJ issued an advisory opinion stating that nationality is a domestic matter outside its jurisdiction. As a result, the disputing governments agreed those in Tunisia born to British parents could renounce French citizenship, but future generations would not have that option.

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    The document summarizes a case brought before the Permanent Court of International Justice (PCIJ) regarding nationality decrees issued in Tunisia and Morocco. The decrees automatically granted French nationality to people born in those territories to parents who were born there. The British government protested and wanted the PCIJ to rule on the matter. However, the PCIJ issued an advisory opinion stating that nationality is a domestic matter outside its jurisdiction. As a result, the disputing governments agreed those in Tunisia born to British parents could renounce French citizenship, but future generations would not have that option.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Nationality Decrees Issued in Tunis and Morocco

    Uploaded by

    Brian Jonathan Paraan
    The document summarizes a case brought before the Permanent Court of International Justice (PCIJ) regarding nationality decrees issued in Tunisia and Morocco. The decrees automatically granted French nationality to people born in those territories to parents who were born there. The British government protested and wanted the PCIJ to rule on the matter. However, the PCIJ issued an advisory opinion stating that nationality is a domestic matter outside its jurisdiction. As a result, the disputing governments agreed those in Tunisia born to British parents could renounce French citizenship, but future generations would not have that option.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    Nationality and Statelessness

    NATIONALITY DECREES IN TUNIS AND MOROCCO


    PCIJ, February 7, 1923
    FACTS
    On November 8th, 1921, a Decree was promulgated by the Bey of Tunis, the first article
    of which enacts as follows: With the exception of citizens, subjects or nationals of the
    Protecting Power (other than our own subjects), every person born in the territory of our
    Kingdom of parents one of whom was also born there, is a Tunisian, subject to the provisions of
    conventions or treaties binding the Tunisian Government. On the same date, the President of the
    French Republic issued a Decree of which the first article was as follows: Every person born in
    the Regency of Tunis of parents of whom one, justiciable as a foreigner in the French Courts of
    the Protectorate, was also born there, is French. Similar legislation was introduced at the same
    time in Morocco (French Zone). The British Government protested the decree made by the
    French Government and suggested that the matter should be presented to the Permanent Court of
    International Justice. The French Government declined stating that nationality is not a matter that
    is cognizable by the court. The British Government still submitted the matter to the PCIJ.
    ISSUE
    Whether or not the PCIJ has jurisdiction over cases of nationality
    HELD
    The PCIJ promulgated an advisory opinion stating that nationality is a matter that is purely
    domestic and not within the jurisdiction of international courts. Matters involving nationality
    depend on the development of international relations regarding the subject matter. The PCIJ did
    not decide the case based on its merits and merely made an advisory opinion stating that the
    matter should be resolved solely by the disputing governments. The advisory opinion of the PCIJ
    led to the exchange of notes between the two governments wherein it was agreed that all those
    that were born in Tunisia to British Parents in the first generation shall be given the option to
    denounce French citizenship and every generation thereafter shall not be given the same option.
    The decree effecting Morocco was not delved into as the Decree was not questioned by the
    British Government.

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