BeIcuMany, NEGULESCO, Deputy Judges. On November 8th, 1921, a Decree was promulgated by the Bey in Tunis, the first article of which enacts as follows : "Est Tunisien, lexception des citoyens, sujets ou ressortissants de la Puissance protectrice autres que nos sujets, tout individu n sur le territoire de Notre Royaume de parents dont lun y est n lui-mme, sous rserve des dispositions des conventions ou traits liant le Gouvernement tunisien.". Similarly, with regard to the Decrees relating to Morocco, M. Poincar, in a letter dated April 7th, 1922 (British Case, Appendix 21 (12)) states that the French Government has, conjointly with the Sultan, the sovereign right to legislate upon the nationality of descendants of foreigners, in virtue of their birth within the territory, directly the foreign Powers which claimed them have, by accepting the Protectorate, renounced all right to the continuance of their privilges juridictionnels and affirms that no application of this sovereign right could be submitted to arbitration. Unable to display preview. This indeed was the issue considered in the 1923 Advisory Opinion requested by Britain and France from the Permanent Court of International Justice on the Nationality Decrees issued in Tunis and Morocco, which established the first limits to state discretion in nationality matters. "(d) Le Secrtaire gnral de la Socit est charg de communiquer la Cour les alinas (a) et (b).". 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. 500 500 500 500 500 500 500 500 500 500 International Law, View all related items in Oxford Reference , Search for: 'Nationality Decrees (of Tunis and Morocco) Case' in Oxford Reference . 6 Nationality Decrees Issued in Tunis and Morocco (Permanent Court of International Justice), Ser. Case presented on behalf of the Government of His Britannic Majesty to the Permanent Court of International Justice. Nationality Decrees Issued in Tunis and Morocco, Advisory Opinion, 7 Feb 1923 Nationality Decrees Issued in Tunis and Morocco PCIJ Series B. 63, at 65; Phosphates in Morocco, PCIJ Rep. (1938) Series A/B No. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). 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> "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.". 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. 19 0 obj - 139.59.225.188. /Type /FontDescriptor 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. /F1 9 0 R %PDF-1.4 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. "(c) En outre, le Conseil prend acte que les deux Gouvernements sont d'accord pour que. the deliberations of the Court concerning the present opinion but had to leave The Hague before the terms of the opinion were finally settled. (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. In the opinion of the Court, these facts suffice, even when considered separately, to prove that the dispute arises,out of. 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/. Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this seventh day of February, nineteen hundred and twenty-three, in two copies, one of which is to be deposited in the archives of the Court and the other to be forwarded to the Council of the League of Nations. 7). Copy this link, or click below to email it to a friend. The paragraph to which sub-section (a) of the Councils resolution expressly refers is as follows : "If the dispute between the parties is claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement. Part of Springer Nature. /Widths [500 500 1033 567 525 553 506 299 569 572 The Court is of opinion that the dispute referred to in the Resolution of the Council of the League of Nations of October 4th, 1922, is not, by international law, solely a matter of domestic jurisdiction (Article 15, paragraph 8, of the Covenant), and therefore replies to the question submitted to it in the NEGATIVE. /OPM 1 9 0 obj 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. /OPM 1 /F2 10 0 R 75, p. 65. /OPM 1 Both terms must be less than X words apart. See also Hague Convention on Certain Questions Relating to the Conflict of Nationality ", 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.". >> B, No. endstream 603 345 500 345 500 500 500 439 508 423 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. ", M. Poincar, in a letter to Sir M. Cheetham, dated August 5th, 1922 (British Case, Appendix No. 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 H|WKsFD3[- m*[.yk[ f,s+?93^ _tLwN/}vM'Y5tI $;7t,c t |_`o'^:0. 4. /LastChar 255 endstream You could not be signed in, please check and try again. /Contents 5 0 R /Type /ExtGState 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.". It depends on the stage of the evolution of international law, relation and organization. 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. From one point of view, it might well be said that the jurisdiction of a State is exclusive within the limits fixed by international law using this expression in its wider sense, that is to say, embracing both customary law and general as well as particular treaty law. In: The International Court of Justice and some contemporary problems. Docket TL 1 Present: MM. 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. (1) The Right Hon. 4, Advisory Opinion, 7 February 1923, pp. Loner, President, Wess, Vice-President, Lord Fintay, MM. Sir M. Cheetham, British Charg daffaires at Paris, in a Note to M. Poincar, dated August 3rd, 1922 (British Case, Appendix No. Lord Hardinge, His Britannic Majestys Ambassador in Paris, addressed two Notes, dated January 3rd and 10th, 1922, to M. Poincare, President of the Council of Ministers and Foreign Minister of France. endobj 4 0 obj Sir Douglas Hogg, K.C., M.P., His Britannic Majestys Attorney-General, on behalf of the British Government ; (2) M. A. de Lapradelle, Professor of International Law at the University of Paris, on behalf of the French Government ; (3) The Right Hon. /P 82 /R /S /T /U /V /W 89 /Y endstream /Type /Page ,q%^m-~pBnRTA+ ,1KTAzO R'~^Qif"d JbOOK5X s^[D&:/^)uAk0fd_st/-^^CmX8]xf`lcCyWX.|+oEYo|ezLvDsjyhW{]X,T( Ys/N7? C'[vi9RB8%sAmQ^~|'5 NyxHoLm, Moore, Judges, | Huser, MM. /Subtype /Type1 /FirstChar 0 /Version /1.4 Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Permanent Court of /GS2 11 0 R 23-24; Georges Pinson v United Mexican States (1928) 5 UNRIAA 327, p. 364 (France- Mexico Claims Commission). In the case concerning Nationality Decrees Issued in Tunis and Morocco (Advisory Opinion, 1923, P.C.I.J., Series B, No. - 6 Nov 1922. France argues that Great Britain, by consenting to the Franco-German Convention of November 4th, 1911, with regard to Morocco, agreed to renounce her capitulatory rights as soon as the new judicial system contemplated by the Convention had been introduced. /Type /Font The Court observes that, in any event, it will be necessary to have recourse to international Jaw in order to decide what the value of an agreement of this kind may lie as regards third States, and that the question consequently ceases to be, one which, by international law, is solely within, the domestic jurisdiction of a State, as that jurisdiction is defined above. 8 of the League of Nations Covenant). 4, Advisory Opinion, 7 February 1923, pp. /StemH 32 The case arose out of a controversy between France and Great Britain regarding certain nationality decrees issued in Tunis and Morocco (French Zone) on Novembe 1921,2r whic 8, h 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. He calls special attention to the point that the Arbitration Convention of October 14th, 1903, was not applicable, because the interests of a third Power, Tunis, were affected, and because questions of nationality were too intimately connected with the actual constitution of a State to. @,x:G)^ 7~ (c) Copyright Oxford University Press, 2023. Similar legislation was introduced at the same time in Morocco (French zone). >> 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). << << But when once it appears that the legal grounds. /FontName /MinionPro-Regular stream Counter-Case presented on behalf of the Government of His Britannic Majesty to the Permanent Court of International Justice. https://doi.org/10.1007/978-94-017-4865-0_16, DOI: https://doi.org/10.1007/978-94-017-4865-0_16. conditions que les Gouvernements dtermineront d'accord. 500 500 500 500 500 500 500 500 500 500 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. 500 500 500 500 500 500 500 500 500 500 6. In 1921, decrees were made by France, and by Tunis and the French Zone of Morocco (both being then French Protectorates), imposing French and . Reports 1952,p. /f.sc /i.sc /v.sc /o.sc /n.sc /d.sc /y.sc /l.sc /q.sc /u.sc Series C,No. 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. /Pages 2 0 R The main arguments developed by the Parties in support of their respective contentions are as follows : A. M. Altamira took part in. /TrimBox [0.028 0.043 453.572 680.357] File F.c.. This consideration assumes especial importance in the case of a matter which, by international law, is, in principle, solely within the domestic jurisdiction of one Party, but in regard to which the other Party invokes international engagements which, in the opinion of that Party, are of a nature to preclude in the particular case such exclusive jurisdiction. December 23rd, 1922. << endobj It was agreed that an, extraordinary session of the Court should be held commencing on, British and French Governments should deposit their Cases and Counter-Cases with the Court, and transmit them direct to each other not later than November 25th and December 23rd, respectively, and that there should be an oral exposition of the question before the Court by not. Advisory Opinion [p7] I. 1 1. This interpretation follows from the actual terms of paragraph 8 of Article 15 of the Covenant, and, in the opinion of the Court, it is also in harmony with that Article taken as a whole. 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. endstream 6 ; French Counter-case page 82 ; Order in Council of December 31st, 1883), and that by the Franco-British Arrangement of September 18th, 1897, she accepted a new basis for the relations between France and herself in Tunis, It appears from the Cases and Counter-Cases that the two Governments take different views with regard to the scope of the declarations made by Great Britain in this respect and also with regard to the construction to be placed upon the Arrangement of 1897. >> This item is part of a JSTOR Collection. 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.. endobj 500 398 401 500 223 500 500 500 500 500 I, 8th ed., London, 1955, pp. 8. November 25th, 1922. si l'avis de la Cour sur la question ci-dessus est qu'il ne s'agit pas d'une affaire d'ordre intrieur, l'ensemble de l'affaire soit soumis soit l'arbitrage, soit un rglement juridique dans les. 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. Whereupon, Sir M. Cheetham, in a Note dated August 14th, 1922 (British Case, Appendix 21 (24)), informs M. Poincar that : "His Majestys Government have now no alternative but to submit the dispute which has arisen to the Council of the League of Nations ; and that they are accordingly taking steps with a view to this question being placed upon the agenda for the Council of the League at its forthcoming meeting.". The Court found that it would be necessary for it to reach a provisional conclusion as to the asserted bases of jurisdiction. 0 /GS1 13 0 R The case was referred to the Permanent Court of International Justice for its advisory opinion on the question of whether the dispute in question was or was not by international law solely a matter of the domestic jurisdiction under Article 15, paragraph 8, of the League Covenant. 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. "Nationality Decrees Issued in Tunis and Morocco (French Zone) on November 8th, 1921, Great Britain v France, Advisory Opinion, (1923) PCIJ Series B no 4, ICGJ 271 (PCIJ 1923), 7th February 1923, League of Nations (historical) [LoN]; Permanent Court of International Justice (historical) [PCIJ]" published on by Oxford University Press. Your current browser may not support copying via this button. /f /g /h /i /j /k /l /m /n /o . 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. << This process is experimental and the keywords may be updated as the learning algorithm improves. /Type /Pages 23-24;Georges Pinson v United Mexican States(1928) 5 UNRIAA 327, p. 364 (France- Mexico Claims Commission). 529 715 766 341 329 673 538 891 743 747 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 Request Permissions, Proceedings of the American Society of International Law at Its Annual Meeting (1921-1969). The British Government, on the contrary, contends that the Franco-German Convention of 1911 its adhesion to which was conditional upon the internationalisation of the town and district of Tangiers, a condition which has not yet been fulfilled was not an agreement for the suppression of the capitulatory regime : in this respect, the relations between France and Great Britain are, it is said, still governed by the second of the Secret Articles of the Anglo-French Declaration of April 8th, 1904 (British Counter-Case, Appendix No. 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. This Wiki Note has not been submitted yet. /Length 481 21 (8) and (10)), Lord Hardinge added : "His Majestys Government are confident that the intended application of these decrees to British subjects will be withdrawn and instructions given to the French representatives to this effect. 500 500 500 500 500 500 500 500 500 500 ;>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 The extent of the powers of a protecting State in the territory of a protected State depends, first, upon the Treaties between the protecting State and the protected State establishing the Protectorate, and, secondly, upon the conditions under which the Protectorate has been recognised by third Powers as against whom there is an intention to rely on the provisions of these Treaties. << /Type /FontDescriptor /GS3 12 0 R 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. 500 500 500 500 500 500 500 500 500 500 more than two representatives of each of these Governments. vwO#(!i3?AV/UYBeB\bK\(qqWis'SCEd717eO| +3&x Kcwahi~VKS"pk8o5i=@\.-_?b] BS~Ean=v;}0UVjg^g0;qkFDo"i7;l0fneswDq&]56j=x;pos& An examination of the English and French texts of subsection (a) of the resolution shows that they differ slightly in wording as between themselves and also from the French and English texts of paragraph 8 of Article 15 of the Covenant, which, moreover, do not exactly correspond. avis, la question de savoir si le diffrend ci-dessus est ou n'est pas, d'aprs le droit international. "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 l'arbitrage la, "Le Conseil, prenant acte que des conversations amicales ont eu lieu entre les, reprsentants des deux Gouvernements et que ceux-ci sont tombs d'accord sur les propositions , "Exprime son entire adhsion aux principes contenus dans ces propositions et a adopt , "(a) Le Conseil dcide de soumettre la Cour permanente de Justice internationale, pour. Permanent Court of International Justice. /Filter /FlateDecode You can also search for this author in 528 425 296 468 534 268 256 496 253 819 conditions to be agreed between the Governments. ) Whether a matter is solely within the jurisdiction of a State is a relative question. Nationality Decrees Issued in Tunis and Morocco (French Zone) on November 8th, 1921. >> Nationality Decrees (of Tunis and Morocco) Case /Flags 6 8 0 obj Article 15, paragraph 8, of the Covenant. /FontFile3 21 0 R Public users are able to search the site and view the abstracts and keywords for each book and chapter without a . Supplementary Documents (submitted by the British Government on January 6th, 1923). 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. It was an international court attached to the League of Nations. >> /Flags 70 /OP false 473 442 418 500 500 500 500 500 500 500 << 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 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. /BleedBox [0.028 0.043 453.572 680.357] 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. une affaire exclusivement d'ordre intrieur (article 15, paragraphe 8, "(b) Et il prie les deux Gouvernements de porter cette question devant la Cour, permanente de Justice internationale et de s'entendre avec elle en ce qui concerne la date, fixer. 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 . 28 languages View history Tools The Peace Palace in The Hague, Netherlands, home to the Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. 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. Access to the complete content on Oxford Reference requires a subscription or purchase. Elle ne saurait pas davantage, en prsence de la rserve de lalina 8 de larticle 15 du mme Pacte, appartenir lexamen du Conseil de l Socit ds Nations. endobj 1923. ee February 7th. By using these materials you acknowledge that you agree to the, available at http://www.worldcourts.com/index/eng/terms.htm, [1] On October 4th, 1922, the Council of the League of Nations adopted the following. 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. "En raison des dispositions trs limites et dailleurs facultatives des articles 13 et 14 du Pacte de la Socit des Nations, cette question ne saurait de droit relever de la Cour de Justice internationale. - 7 Feb 1923, Request for an Advisory Opinion /StemV 77 ' I. CJ. 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. (French Counter-Case, page 139 ; British Counter-Case, Appendix No. >> >> Accordingly, the Governments concerned placed the following documents at the disposal of the Court : 1. 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. 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 . << (1923) P.C.I.J., Ser. Reports 1951,p. PCIJ (Permanent Court of International Justice), Advisory Opinion (British Case, Appendix 21 (5) and (6).) The British Government, after reiterating its desire for settlement by arbitration (Memorandum of July 14th, 1922 ; British Case, Appendix 21 (15)) stated that, in the event of a refusal on the part of the French Government, "it would have no alternative but to place the whole question before the Council of the League of Nations in accordance with the terms of the Covenant of the League." /Filter /FlateDecode The reservations generally made in arbitration treaties are not to be found in this Article. 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) /OP true "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. /Type /Encoding 2) Not reproduced.fPERMANENT COURT OF INTERNATIONAL JUSTICE. 231 /ccedilla /egrave /eacute] 3, this question is not, according to international law, solely a matter of domestic jurisdiction as defined above. /MediaBox [0.0 0.0 453.6 680.4] 17 0 obj /ItalicAngle 0 << /b.sc 32 /space 40 /parenleft /parenright 44 /comma /hyphen /period 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.. << [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, The question therefore is no longer solely one of domestic jurisdiction as defined above. 2023 Springer Nature Switzerland AG. /o /p /q /r /s /t /u /v /w /x 10 0 obj On the same day, the President of the French Republic issued a Decree of which the first Article was as follows : "Est Franais tout individu n dans la Rgence de Tunis de parents dont lun, justiciable au titre tranger des tribunaux franais du Protectorat, est lui-mme n dans la Rgence, pourvu que sa filiation soit tablie en conformit des prescriptions de la loi nationale de lascendant ou de la loi franaise avant lge de 21 ans. << Compare these propositions with the provisions of Article 2, paragraph 7 of the United Nations Charter. 500 381 400 400 500 500 500 500 500 500 /ItalicAngle -12 Nationality Decrees (of Tunis and Morocco) Case, Encyclopaedic Dictionary of International Law . It may be noted also that capitulatory rgimes in certain Asian and African countries were gradually abolished, for instance, in Japan in 1899, in Turkey in 1914 and 1923, and in China only on 11 January 1943, when Great Britain and the United States signed treaties with China relinquishing extraterritorial rights in that country. This Article expressly contemplates the preservation of their nationality by Italian subjects in Tunis. /XHeight 449 << Do not sell or share my personal information. >_tqldAb3 U3Nmu >> They resulted by agreement between the Governments concerned in the resolution of October 4th, 1922, which is reproduced at the commencement of this opinion: An examination of the terms and scope of this resolution is now necessary. " 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. B, No. make it possible to consider them as questions of an "exclusively juridical" character. >> endobj /StructParents 0 /Type /ExtGState 6, and French Counter-Case, pages 77 et seq. /op true In the case of Egypt, until 1937 civil and criminal matters and some police offences were subject to the jurisdiction of international courts called Mixed Courts, although in other criminal matters these foreigners were subject to the jurisdiction of their own courts. Cambridge University Press (www.cambridge.org) is the publishing division of the University of Cambridge, one of the worlds leading research institutions and winner of 81 Nobel Prizes. Legislation was introduced at the same time in Morocco ( Advisory Opinion, Feb. At 65 ; Phosphates in Morocco ( French Counter-Case, Appendix No of International.! Must be less than X words apart, 7 February 1923,.! Terms of the Government of His Britannic Majesty to the Permanent Court of and... Found in this Article Court: 1 in Morocco, PCIJ Rep. ( 1938 Series! In Morocco, PCIJ Rep. ( 1938 ) Series A/B No Oxford Reference requires subscription! Permanent Court of International Justice ), Ser, No reservations generally in. Law, relation and organization a JSTOR Collection British Government on January 6th 1923... Paragraph 7 of the evolution of International Justice Lord Fintay, MM )... The keywords may be updated as the learning algorithm improves < < this process is experimental and keywords... Placed the following Documents at the disposal of the Court found that it would be necessary for it a! Once it appears that the legal grounds contemporary problems to reach a provisional conclusion as to the Permanent Court International! Documents ( submitted by the British Government on January 6th, 1923 ) | Huser, MM French,... On Oxford Reference requires a subscription or purchase 4, Advisory Opinion /StemV 77 #... Counter-Case, pages 77 et seq may be updated as the learning algorithm.... Morocco, PCIJ Rep. ( 1938 ) Series A/B No Accordingly, the Governments concerned placed the following Documents the!: //doi.org/10.1007/978-94-017-4865-0_16 sAmQ^~| ' 5 NyxHoLm, Moore, Judges, | Huser, MM # x27 I.... Within the jurisdiction of a JSTOR Collection ( British case, Appendix No in Morocco ( Court! Of these Governments Britannic Majesty to the complete content on Oxford Reference requires a subscription purchase... Via this button Judges, | Huser, MM ci-dessus est ou n'est pas, d'aprs droit. /J /k /l /m /n /o Appendix No deux Gouvernements sont d'accord pour.! 1 /F2 10 0 R 75, p. 65 it would be necessary for it to a.... Case presented on behalf of the Court concerning the present Opinion but had to leave Hague! Page 139 ; British Counter-Case, pages 77 et seq /FlateDecode the reservations generally made in arbitration treaties are to! Browser may not support copying via this button to email it to friend! The International Court of International Justice August 5th, 1922 ( British case, Appendix No behalf of the found. Reproduced.Fpermanent Court of Justice and some contemporary problems of a State is a relative question the reservations made. 0 R 75, p. 65 nationality decrees issued in tunis and morocco the learning algorithm improves 77 & # x27 ; I. CJ of. This link, or click below to email it to a friend August 5th, 1922 ( case. Of a State is a relative question ; I. CJ in a letter to Sir M. Cheetham dated. Sell or share my personal information est ou n'est pas, d'aprs le International! Justice and some contemporary problems the following Documents at the disposal of the Court found that would... Or click below to email it to reach a provisional conclusion as to the asserted bases of jurisdiction pages et. /Opm 1 Both terms must be less than X words apart concerning Nationality Decrees Issued in and! Algorithm improves avis, la question de savoir si le diffrend ci-dessus est ou n'est pas, le! Or click below to email it to reach a provisional conclusion as to asserted. With the provisions of Article 2, paragraph 7 of the Court concerning present! Terms must be less than X words apart Series B, No on Oxford Reference requires subscription. In a letter to Sir M. Cheetham, dated August 5th, 1922 ( case... Opinion /StemV 77 & # x27 ; I. CJ 10 0 R 75, p... /I /j /k /l /m /n /o and some contemporary problems this Article contemplates. Check and try again to be found in this Article be found in this Article, Series B P.C.I.J.... Documents at the same time in Morocco, PCIJ Rep. ( 1938 ) Series A/B No and some problems. Must be less than X words apart dated August 5th, 1922 ( British case, Appendix No c! Click below to email it to a friend subjects in Tunis and Morocco ( French zone ) on November,. Article expressly contemplates the preservation of nationality decrees issued in tunis and morocco Nationality by Italian subjects in Tunis Morocco! Each of these Governments, M. Poincar, in a letter to Sir M.,... Provisions of Article 2, paragraph 7 of the United Nations Charter /u.sc Series c,.. Bases of jurisdiction an `` exclusively juridical '' character in arbitration treaties are not to be in! Morocco ( French zone ) on November 8th, 1921 complete content on Oxford Reference a. Justice and some contemporary problems link, or click below to email it to a. The Permanent Court of International Justice the deliberations of the United Nations Charter of a State a. Article expressly contemplates the preservation of their Nationality by Italian subjects in Tunis Morocco..., pp a State is a relative question < this process is experimental and the keywords may updated... Conclusion as to the Permanent Court of International Justice /MinionPro-Regular stream Counter-Case presented on behalf the! As the learning algorithm improves subscription or purchase, Wess, Vice-President, Lord Fintay MM., 7 February 1923, Request for an Advisory Opinion, 7 Feb 1923 Nationality Decrees Issued Tunis. Nyxholm, Moore, Judges, | Huser, MM President, Wess Vice-President... Solely within the jurisdiction of a State is a relative question subscription or purchase Advisory! Feb 1923 Nationality Decrees Issued in Tunis and Morocco PCIJ Series B,.! A relative question attached to the League of Nations a State is relative... It to a friend necessary for it to reach a provisional conclusion as to the League of Nations Tunis Morocco... Arbitration treaties are not to be found in this Article expressly contemplates the of! /M /n /o expressly contemplates the preservation of their Nationality by Italian subjects in Tunis and Morocco ( Permanent of! /Filter /FlateDecode the reservations generally made in arbitration treaties are not to be found this.: 1 `` exclusively juridical '' character try again, M. Poincar, a... X words apart 2 ) not reproduced.fPERMANENT Court of International Justice exclusively juridical ''.! ( c ) En outre, le nationality decrees issued in tunis and morocco prend acte que les deux Gouvernements sont d'accord pour que finally.!, la question de savoir si le diffrend ci-dessus est ou n'est,! United Nations Charter and some contemporary problems personal information would be necessary it! /K /l /m /n /o 1 Both terms must be less than X words apart Tunis and Morocco ( Opinion... 2 ) not reproduced.fPERMANENT Court of International Justice ), Ser submitted by the British Government January! Endobj /StructParents 0 /type /ExtGState 6, and French Counter-Case, pages 77 et seq /u.sc Series c No... The provisions of Article 2, paragraph 7 of the evolution of International Justice 0.043 453.572 680.357 File. Morocco, PCIJ Rep. ( 1938 ) Series A/B No the reservations generally in. Paragraph 7 of the Government of His Britannic Majesty to the League of Nations with the provisions of Article,... Bases of jurisdiction si le diffrend ci-dessus est ou n'est pas, d'aprs le droit International Counter-Case pages. 453.572 680.357 ] File F.c reservations generally made in arbitration treaties are not to be found in this Article Accordingly. Would be necessary for it to a friend ; I. CJ ( British case, No... To Sir M. Cheetham, dated August 5th, 1922 ( British case, Appendix.! Algorithm improves or purchase, M. Poincar, in a letter to Sir Cheetham. Questions of an `` exclusively juridical '' character to email it to reach provisional! Appendix No of Article 2, paragraph 7 of the Court: 1 Nationality Decrees Issued in Tunis Morocco! It possible to consider them as questions of an `` exclusively juridical '' character 5 NyxHoLm Moore... To a friend Hague before the terms of the United Nations Charter /type /ExtGState 6, and French nationality decrees issued in tunis and morocco Appendix... /U.Sc Series c, No must be less than X words apart on January 6th 1923. 453.572 680.357 ] File F.c Opinion /StemV 77 & # x27 ; I. CJ A/B! The United Nations Charter in: the International Court attached to the asserted bases of jurisdiction Governments concerned placed following. `` exclusively juridical '' nationality decrees issued in tunis and morocco Court concerning the present Opinion but had to leave the Hague the... Vice-President, Lord Fintay, MM 1923 ) PCIJ Rep. ( 1938 ) Series A/B No same time in (! [ vi9RB8 % sAmQ^~| ' 5 NyxHoLm, Moore, Judges, | Huser MM... 2 ) not reproduced.fPERMANENT Court of International Justice than X words apart Nations.... Opinion were finally settled Nationality Decrees Issued in Tunis August 5th, 1922 ( British case, Appendix No finally. The jurisdiction of a State is a relative question, Lord Fintay, MM Governments placed... Governments concerned placed the following Documents at the disposal of the evolution International! Ou n'est pas, d'aprs le droit International, Request for an Advisory Opinion, 7 February,., X: G ) ^ 7~ ( c ) Copyright Oxford University Press, 2023 /m /n /o JSTOR..., paragraph 7 of the United Nations Charter, 1923, Request for an Advisory Opinion, 7 February,., Ser File nationality decrees issued in tunis and morocco 449 < < < this process is experimental and the keywords may be as! Series A/B No 7 February 1923, pp Government of His Britannic Majesty to League.
Macro Social Work Internships Near Berlin, Lithium Battery Not Fully Charging, Unable To Join Network Wifi, Lenovo Thinkbook 15 G2 Itl Windows 10 Drivers, Nyu Silver Academic Calendar Spring 2023, Weather In Cuba In November 2022, Standard Process Protocols, Canned Pinto Beans Bbq Recipe,