Конвенция о гражданстве замужней женщины (Нью-Йорк, 20 февраля 1957 г.)
О присоединении Республики Казахстан к Конвенции см. Закон РК от 30.12.99 г. № 19-II
Открыта для подписания и ратификации резолюцией 1040 (XI) Генеральной Ассамблеи от 29 января 1957 года
Вступление в силу: 11 августа 1958 года в соответствии со статьей 6
United Nations Treaty Collection
[As of 5 February 2002]
http://www.unhchr.ch/html/menu3/b/treaty2.htm
2. Convention on the Nationality of Married Women
New York, 20 February 1957
| |
| Entry into force: | 11 August 1958 by exchange of letters, in accordance with article 6. |
| Registration: | 11 August 1958, No. 4468. |
| Status: | Signatories: 28 ,Parties: 70. |
| Text: | United Nations, Treaty Series, vol. 309, p. 65. |
Note: The Convention was opened for signature pursuant to resolution 1040 (XI)1, adopted by the General Assembly of the United Nations on 29 January 1957.
PARTICIPANTS
| |
| Participant | Signature | Ratification, Accession (a), Succession (d) |
| Albania | | 27 Jul 1960 a |
| Antigua and Barbuda | | 25 Oct 1988 d |
| Argentina | | 10 Oct 1963 a |
| Armenia | | 18 May 1994 a |
| Australia | | 14 Mar 1961 a |
| Austria | | 19 Jan 1968 a |
| Azerbaijan | | 16 Aug 1996 a |
| Bahamas | | 10 Jun 1976 d |
| Barbados | | 26 Oct 1979 a |
| Belarus | 7 Oct 1957 | 23 Dec 1958 |
| Belgium | 15 May 1972 | |
| Bosnia and Herzegovina2 | | 1 Sep 1993 d |
| Brazil | 26 Jul 1966 | 4 Dec 1968 |
| Bulgaria | | 22 Jun 1960 a |
| Cambodia | 11 Nov 2001 | |
| Canada | 20 Feb 1957 | 21 Oct 1959 |
| Chile | 18 Mar 1957 | |
| China3 | | |
| Colombia | 20 Feb 1957 | |
| Côte d'Ivoire | | 2 Nov 1999 a |
| Croatia2 | | 12 Oct 1992 d |
| Cuba | 20 Feb 1957 | 5 Dec 1957 |
| Cyprus | | 26 Apr 1971 d |
| Czech Republic4 | | 22 Feb 1993 d |
| Denmark | 20 Feb 1957 | 22 Jun 1959 |
| Dominican Republic | 20 Feb 1957 | 10 Oct 1957 |
| Ecuador | 16 Jan 1958 | 29 Mar 1960 |
| Fiji | | 12 Jun 1972 d |
| Finland | | 15 May 1968 a |
| Germany5,6 | | 7 Feb 1974 a |
| Ghana | | 15 Aug 1966 a |
| Guatemala | 20 Feb 1957 | 13 Jul 1960 |
| Guinea | 19 Mar 1975 | |
| Hungary | 5 Dec 1957 | 3 Dec 1959 |
| Iceland | | 18 Oct 1977 a |
| India | 15 May 1957 | |
| Ireland | 24 Sep 1957 | 25 Nov 1957 |
| Israel | 12 Mar 1957 | 7 Jun 1957 |
| Jamaica | 12 Mar 1957 | 30 Jul 1964 d |
| Jordan | | 1 Jul 1992 a |
| Kazakhstan | | 28 Mar 2000 a |
| Kyrgyzstan | | 10 Feb 1997 a |
| Latvia | | 14 Apr 1992 a |
| Lesotho | | 4 Nov 1974 d |
| Libyan Arab Jamahiriya | | 16 May 1989 a |
| Luxembourg | 11 Sep 1975 | 22 Jul 1977 |
| Malawi | | 8 Sep 1966 a |
| Malaysia | | 24 Feb 1959 a |
| Mali | | 2 Feb 1973 a |
| Malta | | 7 Jun 1967 d |
| Mauritius | | 18 Jul 1969 d |
| Mexico | | 4 Apr 1979 a |
| Netherlands7 | | [ 8 Aug 1966 a] |
| New Zealand | 7 Jul 1958 | 17 Dec 1958 |
| Nicaragua | | 9 Jan 1986 a |
| Norway | 9 Sep 1957 | 20 May 1958 |
| Pakistan | 10 Apr 1958 | |
| Poland | | 3 Jul 1959 a |
| Portugal | 21 Feb 1957 | |
| Romania | | 2 Dec 1960 a |
| Russian Federation | 6 Sep 1957 | 17 Sep 1958 |
| Saint Lucia | | 14 Oct 1991 d |
| Saint Vincent and the Grenadines | | 27 Apr 1999 d |
| Sierra Leone | | 13 Mar 1962 d |
| Singapore | | 18 Mar 1966 d |
| Slovakia4 | | 28 May 1993 d |
| Slovenia2 | | 6 Jul 1992 d |
| South Africa | 29 Jan 1993 | |
| Sri Lanka | | 30 May 1958 a |
| Swaziland | | 18 Sep 1970 a |
| Sweden | 6 May 1957 | 13 May 1958 |
| The Former Yugoslav Republic of Macedonia2 | | 20 Apr 1994 d |
| Trinidad and Tobago | | 11 Apr 1966 d |
| Tunisia | | 24 Jan 1968 a |
| Uganda | | 15 Apr 1965 a |
| Ukraine | 15 Oct 1957 | 3 Dec 1958 |
| United Kingdom of Great Britain and Northern Ireland | [20 Feb 1957 | 28 Aug 1957] |
| United Republic of Tanzania | | 28 Nov 1962 a |
| Uruguay | 20 Feb 1957 | |
| Venezuela | | 31 May 1983 a |
| Yugoslavia2 | | 12 Mar 2001 d |
| Zambia | | 22 Jan 1975 d |
| Zimbabwe | | 1 Dec 1998 d |
DECLARATIONS
Declaration and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
Argentina
Article 7:
The Argentine Government expressly reserves the rights of the Republic with respect to the Islas Malvinas (Falkland Islands), the South Sandwich Islands and the lands included within the Argentine Antarctic Sector, declaring that they do not constitute a colony or possession of any nation but are part of Argentine territory and lie within its dominion and sovereignty.
Article 10:
The Argentine Government reserves the right not to submit disputes directly or indirectly linked with the territories under Argentine sovereignty to the procedure indicated in this article.
Brazil
"Reservation is made concerning application of article 10."
Chile
The Government of Chile makes a reservation with regard to article 10, in the sense that it does not accept the compulsory jurisdiction of the International Court of Justice for the purpose of the settlement of disputes which may arise between Contracting States concerning the interpretation or application of the present Convention.
Guatemala
Article 10 of the said Convention shall, by reason of constitutional requirements, be applied without prejudice to article 149, paragraph 3 (b) of the Constitution of the Republic.
India
Reservation as to Article 10:
"Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiations shall with the consent of the parties to the dispute be referred to the International Court of Justice for decision unless the parties agree to another mode of settlement."
Tunisia
[Article 10]
For any dispute to be referred to the International Court of Justice, the agreement of all the parties to the dispute shall be necessary in every case.
Uruguay
On behalf of Uruguay we hereby make a reservation to the provisions of article 3 which has a bearing on the application of the Convention. The Constitution of Uruguay does not authorize the granting of nationality to an alien unless he is the child of a Uruguayan father or mother, in which case he may become a natural citizen. This case apart, an alien who fulfils the constitutionality and legal conditions may be granted only legal citizenship, and not nationality.
Venezuela
[See chapter XVI.1.]
Territorial application
Declarations made under paragraph 1 of article 7 of the Convention.
| |
| Participant | Date of receipt of the notification | Territories |
| Australia | 14 Mar 1961 | All the non-metropolitan territories for the international relations of which Australia is responsible |
| Netherlands7, | 8 Aug 1966 | Netherlands Antilles, Surinam |
| New Zealand | 17 Dec 1958 | The Cook Islands (including Niue), the Tokelau Islands, and the Trust Territory of Western Samoa |
| United Kingdom8, | 28 Aug 1957 | The Channel Islands and the Isle of Man |
Notifications under paragraph 2 of article 7 of the Convention
| |
| Participant | Date of receipt of the notification | Territories |
| United Kingdom8, | 18 Mar 1958 | Aden, the Bahamas, Barbados, Basutoland, Bechuanaland, Bermuda, British Guiana, British Honduras, British Solomon Islands, British Somaliland, Cyprus, Falkland Islands, Fiji, Gambia, Gibraltar, Gilbert and Ellice Islands, Hong Kong, Jamaica, Kenya, the Leeward Islands (Antigua, Montserrat, St. Christopher-Nevis), the British Virgin Islands, Malta, Mauritius, North Borneo, St. Helena, Sarawak, the Seychelles, Sierra Leone, Singapore, Swaziland, Tanganyika, Trinidad and Tobago, Uganda, the Windward Islands (Dominica, Grenada, St. Lucia, St. Vincent), Zanzibar |
| | 19 May 1958 | The Federation of Rhodesia and Nyasaland |
| | 3 Nov 1960 | Tonga |
| | 1 Oct 1962 | Brunei |
NOTES
1. Official Records of the General Assembly, Eleventh Session, Supplement No. 17 (A/3572), p. 18.
2. The former Yugoslavia had signed and ratified the Convention on 27 March 1957 and 13 March 1959, respectively. See also notes 1 regarding "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.
3. Signed and ratified on behalf of the Republic of China on 20 February 1957 and 22 September 1958, respectively. See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 5 in chapter I.1).
With reference to the above-mentioned ratification, communications have been addressed to the Secretary-General by the Permanent Missions to the United Nations of India, Poland, and the Union of Soviet Socialist Republics, on the one hand, and of China, on the other hand. For the nature of these communications, see note 3 in chapter VI.14.
4. Czechoslovakia had signed and ratified the Convention on 3 September 1957 and 5 April 1962, respectively. See also note 6 and note 12 in chapter I.2.
5. The German Democratic Republic had acceded to the Convention with a reservation and a declaration on 27 December 1973. For the text of the reservation and the declaration, see United Nations, Treaty Series, vol. 905, p. 76. See also note 15 in chapter I.2.
6. With the following declaration:
"The said Convention shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany."
In this respect, the Secretary-General received the following communications:
Union of Soviet Socialist Republics (24 May 1974):
The Soviet Government does not object to the extension to the Western Sectors of Berlin of the Convention on the Nationality of Married Women provided that this is done in accordance with the Quadripartite Agreement of 3 September 1971 and that matters of security and status shall not thereby be affected. In this connexion, the Soviet Government would like to draw attention to the fact that the Western Sectors of Berlin are not a constituent part of the Federal Republic of Germany, that the permanent residents of the Western Sectors of Berlin are not nationals of the Federal Republic of Germany and that representation abroad of the interests of the Western Sectors of Berlin by the Federal Republic of Germany is permissible only to the extent specified in the Quadripartite Agreement of 3 September 1971 (annex IV).
Czechoslovakia (30 May 1974):
"The Government of the Czechoslovak Socialist Republic declares, in accordance with the Four-Power Agreement of September 3, 1971, that West Berlin is not a part of the Federal Republic of Germany and neither can be administered by it.
"The declaration of the Government of the Federal Republic of Germany contained in its instrument of accession to the above-mentioned Convention, that the validity of the Convention shall also apply to West Berlin is contradictory to the Four-Power Agreement stipulating that the agreements concerning the security and the statute of West Berlin cannot be expanded by the Federal Republic of Germany to West Berlin.
"Therefore the declaration of the Government of the Federal Republic of Germany cannot have any legal effect."
German Democratic Republic (16 July 1974):
With regard to the application of the Convention to Berlin (West) and in accordance with the Quadripartite Agreement of 3 September 1971 between the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic, the German Democratic Republic declares that Berlin (West) is not a constituent part of the Federal Republic of Germany and is not to be governed by it. The declaration by the Federal Republic of Germany to the effect that this Convention will also apply to Berlin (West) is at variance with the Quadripartite Agreement, which states that treaties affecting matters of security and of the status of Berlin (West) may not be applied to Berlin (West) by the Federal Republic of Germany.
Ukrainian SSR (6 August 1974):
The Ukrainian Soviet Socialist Republic refrains from raising an objection to the extension to Berlin (West) of the Convention on the Nationality of Married Women only on the understanding that this action is being taken in conformity with the Quadripartite Agreement of 3 September 1971 and will not affect matters of security and status. In this connexion, the Ukrainian Soviet Socialist Republic wishes to direct attention to the fact that the Western Sectors of Berlin are not a constituent part of the Federal Republic of Germany, permanent residents of Berlin (West) are not nationals of the Federal Republic of Germany and representation abroad of the interests of Berlin (West) by the Federal Republic of Germany is permitted only to the extent defined by the Quadripartite Agreement of 3 September 1971 (annex IV).
France, United Kingdom of Great Britain and Northern Ireland and United States of America (8 July 1975-in relation to the communications by Czechoslovakia and by the German Democratic Republic):
"The communications mentioned in the Notes listed above refer to the Quadripartite Agreement of 3 September 1971. This Agreement was concluded in Berlin between the Governments of the French Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America. The Governments sending these communications are not parties to the Quadripartite Agreement and are therefore not competent to make authoritative comments on its provisions.
"The Governments of France, the United Kingdom and the United States wish to bring the following to the attention of the States Parties to the instruments referred to in the above-mentioned communications. When authorising the extension of these instru ments to the Western Sectors of Berlin, the authorities of the Three Powers, acting in the exercise of their supreme authority, ensured in accordance with established procedures that those instruments are applied in the Western Sectors of Berlin in such a way as not to affect matters of security and status.
"Accordingly, the application of these instruments to the Western Sectors of Berlin continues in full force and effect.
"The Governments of France, the United Kingdom and the United States do not consider it necessary to respond to any further communications of a similar nature by States which are not signatories to the Quadripartite Agreement. This should not be taken to imply any change in the position of those Governments in this matter."
Federal Republic of Germany (19 September 1975-in relation to the communication by Czechoslovakia and by the German Democratic Republic):
[Declaration identical in essence, mutatis mutandis, to the one of the same date, reproduced in note 5 in chapter III.3.]
See also note 5.
7. See note 9 in chapter I.1. On 16 January 1992, the Secretary-General received from the Government of the Netherlands a notification of denunciation (for the Kingdom in Europe, the Netherlands Antilles and Aruba). In accordance with article 9 (1), the denunciation will take effect one year after the date of receipt of the said notification, i.e., on 16 January 1993.
8. On 24 December 1981, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland a notification of denunciation of the said Convention:
The notification specifies that the denunciation is effected on behalf of the United Kingdom of Great Britain and of the following territories for the international relations of which the United Kingdom is responsible and to which the Convention was extended in accordance with the provisions of article 7: Bailiwick of Jersey, Bailiwick of Guernsey, Isle of Man, Saint Christopher-Nevis, Anguilla, Bermuda, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Hong Kong, Montserrat, Pitcairn, Saint Helena and Dependencies, Turks and Caicos Islands, State of Brunei, United Kingdom Sovereign Bases Areas of Akrotiri and Dhekelia in the Island of Cyprus.
In accordance with the provisions of article 9 (2) of the Convention, the denunciation will take effect one year after the date of receipt of the said notification, that is to say, on 24 December 1982.
