7 Brit. Y.B. Int'l L. 97 (1926)
Nationality in Mandated Territories Detached from Turkey

handle is hein.journals/byrint7 and id is 101 raw text is: NATIONALITY IN MANDATED TERRITORIES
DETACHED FROM TURKEY
By NORMAN BENTWICH, M.C., O.B.E., M.A.,
Attorney-General of the Government of Palestine.
THE ratification of the Treaty of Peace with Turkey which
was signed at Lausanne in June, 1923, but did not come into
force till August 6, 1924, made it possible at long last for the
nationality of the inhabitants of the territories detached from
Turkey to be settled. The date fixed for the termination of the
war with Turkey was indeed nearly six years after the armistice
was made with the Turkish army. During that period the
inhabitants of Palestine, Iraq, and Syria were in the anomalous
position of retaining Ottoman nationality, while they looked for
protection abroad to the Powers to which the mandates for those
territories had been entrusted, Great Britain and France. The
coming into force of the Treaty of Peace enabled Laws of
Nationality to be issued by the three Governments, and the
change of subjection which had occurred de facto to be trans-
formed into a change de jure.
Articles 30-6 of the Treaty of Lausanne deal with the nation-
ality of persons in the territories detached from Turkey, and
effect has been given to the Treaty provisions in the Laws of
Nationality. The guiding principle adopted is that Ottoman
subjects habitually resident in the detached territory become
ipso facto nationals of the state to which such territory is trans-
ferred.
It is notable that the basis of change of nationality is not
domicile but habitual residence. The same criterion was adopted
in determining the change of nationality on the annexation of
Cyprus by Great Britain in the early stages of the war. The
Proclamation which was then issued regarding nationality con-
ferred British nationality on all persons who were resident in
the island at a certain date.
Article 31 of the Treaty, following the established practice
of treaties of cession, provides that persons over eighteen years
of age (that being the accepted age of majority in Eastern
H

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