Advisory Opinion on the Nationality Decrees in Tunis and Morocco

E47948

The Advisory Opinion on the Nationality Decrees in Tunis and Morocco is a landmark 1923 decision of the Permanent Court of International Justice that clarified the limits of state sovereignty over nationality matters in the context of international obligations and the League of Nations mandate system.

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Statements (48)

Predicate Object
instanceOf advisory opinion
decision of the Permanent Court of International Justice
international court decision
landmark case in international law
citationStatus leading case on domestic jurisdiction in international law
clarified that nationality is in principle within the domestic jurisdiction of states
that state competence over nationality may be limited by international obligations
the relationship between state sovereignty and treaty obligations
the scope of the League of Nations mandate system regarding nationality
concerns competence of states in nationality matters
limits of domestic jurisdiction under international law
nationality decrees issued by France
court Permanent Court of International Justice
date 1923
field international human rights precursors
international institutional law
public international law
held that international obligations can remove certain questions from the exclusive domestic jurisdiction of a state
that the question whether a matter is essentially within domestic jurisdiction depends on international law
historicalContext League of Nations era
interwar period
influenced doctrine on state discretion in nationality law
interpretation of Article 15 of the Covenant of the League of Nations
later jurisprudence of the International Court of Justice
involvedState France
involvedTerritory French Morocco
surface form: French Protectorate in Morocco

French North Africa
surface form: French Protectorate of Tunisia
issuedBy Permanent Court of International Justice
surface form: Permanent Court of International Justice sitting at The Hague
language English
French
legalPrinciple domestic jurisdiction is relative and determined by international law
international treaties may restrict state discretion in nationality matters
state sovereignty over nationality is not absolute
legalSystem international law
relatedTo Covenant of the League of Nations
surface form: League of Nations Covenant

mandate system of the League of Nations
requestedBy Council of the League of Nations
significance helped define the concept of matters essentially within domestic jurisdiction
illustrated the impact of international mandates on colonial administration
is frequently cited in textbooks on international law and nationality
subjectMatter League of Nations mandates over former Ottoman Arab provinces
surface form: League of Nations mandate system

international obligations
nationality
state sovereignty
territorialContext Morocco
Tunis
typeOfProceeding advisory proceedings
year 1923

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Permanent Court of International Justice significantCase Advisory Opinion on the Nationality Decrees in Tunis and Morocco