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Settlement of Dual Nationality in European Communist Countries

Published online by Cambridge University Press:  28 March 2017

Ivan Sipkov
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Extract

The establishment of a Communist regime in several European countries as a result of the Soviet military occupation and political influence shortly before and after the end of World War II (Albania, Bulgaria, Czechoslovakia, German Democratic Republic, Hungary, Poland, Rumania and Yugoslavia) caused these countries, as a rule, to follow the Soviet pattern or imitate each other in the field of legislation.

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Notes and Comments
Information
American Journal of International Law , Volume 56 , Issue 4 , October 1962 , pp. 1010 - 1019
Copyright
Copyright © American Society of International Law 1962

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References

1 Official law gazettes cited are abbreviated as follows: BO—Buletinul Oficial (Rumania) ; IPNS—Izvestiia na Prezidiuma na Narodnoto Subranie (Bulgaria); MK— Magyar Közlöny (Hungary) ; DzU—Dziennik Ustaw (Poland); Vedomosti—Vedomosti Verkhovnogo Soveta (U.S.S.R.); SbZ—Sbirlca Záconû, (Czechoslovakia).

2 Meder, Walter, Das Staatsangehorigkeitsrecht der USSR und der Baltischen Staaten 71 (Frankfurt am Main, 1950)Google Scholar.

3 Durward, V. Sandifer, , “Soviet Citizenship,” 30 A.J.I.L. 614–631 (1936)Google Scholar.

4 Vilkov, G. E., “Mezhdunarodno-pravovoe regulirovanie voprosov dvoinogo grazhdanstva” [Settlement of Questions of Dual Nationality under International Law], 1959 Soviet Yearbook of International Law 367 Google Scholar.

5 Ibid.

6 Boguslavsky, M. M. and Rubanov, A. A., Pravovoe polozhenie Sovetskikh grazhdan za granitsei [The Legal Status of Soviet Citizens Abroad] 22–23 (Moscow, Institute of International Relations, 1961)Google Scholar.

7 Law of March 26, 1948.

8 Law of Jan. 8, 1951.

9 Law of Aug. 23, 1945 (July 1, 1946), in its version of 1948.

10 Law of Nov. 16, 1946.

11 Law of July 7, 1948.

12 Law of 1948.

13 Laws of 1948 and 1957.

14 Massfeller, Franz, Deutsches Staatsangehörigkeitsrecht (2d ed., Berlin, 1955; Ergänzungsband, 1957)Google Scholar.

15 The following is a complete list of the conventions known to this writer and discussed in this study:

Conventions for the Establishment of the Citizenship of Persons with Dual Nationality between:

(1) Albania and the U.S.S.E. Signed Sept. 18, 1957, in Tirana; ratified by the Albanian Government Nov. 27, 1958, by the Soviet Government Jan. 14, 1958; exchange of ratifications in Moscow, Jan. 14, 1958; in force April 29, 1958; text: Vedomosti No. 9 (904), May 28, 1958, item 205 (in Russian).

(2) Bulgaria and Hungary. Signed June 27, 1958 in Sofia; ratified by the Bulgarian Government Aug. 9, 1959, by the Hungarian Government, Edict 27/59, July 11, 1959; exchange of ratifications in Budapest, June 3, 1959; in force July 3, 1959; text: IPNS No. 81, Oct. 9, 1959 (in Bulgarian and Hungarian); MK No. 74, July 11, 1959 (in Hungarian).

(3) Bulgaria and Rumania. Signed Sept. 24, 1959, in Sofia; ratified by the Bulgarian Government Oct. 31, 1959, by the Rumanian Government Nov. 26, 1959; exchange Demo of ratifications in Bucharest, Dec. 24, 1959; in force Dec. 24, 1959; text: BO No. 29, Dec. 3, 1959 (in Rumanian); IPNS No. 17, Feb. 26, 1960 (in Bulgarian).

(4) Bulgaria and the U.S.S.E. Signed Dec. 12, 1957, in Sofia; ratified by the Bulgarian Government Feb. 8, 1958, by the Soviet Government March 15, 1958; exchange of ratifications in Moscow, March 28, 1958; in force March 28, 1958; text: Vedomosti, No. 7 (902), April 14, 1958, item 141 (in Russian); IPNS No. 33, April 25, 1958 (in Bulgarian and Russian); 302 U.N. Treaty Series 3 (in Bulgarian, Russian, English and French).

(5) Czechoslovakia and Hungary. Signed Nov. 4, 1960, in Prague; ratified by the Czechoslovak Government Dec. 31, 1960, by the Hungarian Government March 31, 1961; exchange of ratifications in Budapest, Feb. 17, 1961; in force March 19, 1961; text: MK No. 22, March 31, 1961 (in Hungarian); SbZ No. 37/1961 (in Czech), Proclamation of the Ministry of Foreign Affairs of April 8, 1961.

(6) Czechoslovakia and the U.S.S.E. Signed Oct. 5, 1957, in Prague; ratified by the Czechoslovak Government June 30, 1958, by the Soviet Government March 28, 1958; exchange of ratifications in Moscow, July 21, 1958; in force July 21, 1958; text: Vedomosti, No. 17 (912), Aug. 7, 1958, item 289 (in Russian); 320 U.N. Treaty Series 111 (in Czech, Russian, English and French).

(7) Hungary and Poland. Signed July 5, 1961, in Budapest; ratified by the Hungarian Government Feb. 11, 1962, by the Polish Government Nov. 25, 1961; exchange of ratifications in Warsaw, Jan. 4, 1962; in force Feb. 4, 1962; text: MK No. 74, Feb. 11, 1962 (in Hungarian); DzU No. 5, Jan. 25, 1962 (in Polish and Hungarian).

(8) Hungary and the U.S.S.R. Signed Aug. 24, 1957, in Budapest; ratified by the Hungarian Government Oct. 25, 1957, by the Soviet Government Dec. 12, 1957; exchange of ratifications in Moscow, Dec. 16, 1957; in force Jan. 15, 1958; text: Vedomosti, No. 1 (896), Jan. 13, 1958, item 2 (in Russian); 318 U.N. Treaty Series 35 (in Hungarian, Russian, English and French).

(9) Poland and the U.S.S.R. Signed Jan. 21, 1958, in Warsaw; ratified by the Polish Government April 15, 1958, by the Soviet Government, March 8, 1958; exchange of ratifications in Moscow, May 8, 1958; in force May 8, 1958; text: Vedomosti, No. 9 (904), May 28, 1958, item 209 (in Russian); 319 U.N. Treaty Series 277 (in Polish, Russian, English and French).

(10) Rumania and the U.S.S.R. Signed Sept. 4, 1957, in Bucharest; ratified by the Rumanian Government Nov. 6, 1957, by the Soviet Government Jan. 25, 1958; exchange of ratifications in Moscow, March 3, 1958; in force March 3, 1958; text: Vedomosti, No. 5 (900), March 19, 1958, item 103 (in Russian); 318 U.N. Treaty Series 89 (in Rumanian, Russian, English and French).

(11) Yugoslavia and the U.S.S.R. Signed May 22, 1956, in Moscow; ratified by the Yugoslav Government July 3, 1956, by the Soviet Government June 6, 1956; exchange of ratifications in Belgrade, July 31, 1956; in force July 31, 1956; text: Vedomosti, No. 16 (858), Aug. 17, 1956, item 353 (in Russian); 259 U.N. Treaty Series 155 (in Russian, Serbocroat, English and French).

16 According to Boguslavsky, op. cit. 23, the U.S.S.R. concluded such conventions with other European Communist countries; however, the writer was unable to locate the German Democratic Rep.-U.S.S.R. Convention, if existing.

17 The Soviet Union also entered into similar conventions with the Asian People’s Democracies: Korea, signed on Dec. 16, 1957, in Phenjan; text in Vedomosti, No. 4 (899), 1958, p. 216; and Mongolia, signed on Aug. 25, 1958, in Ulan-Bator; text in Vedomosti, No. 35 (930), 1958, p. 426; also in 322 U.N. Treaty Series 201.