CYIL vol. 9 (2018)

DALIBOR JÍLEK CYIL 9 ȍ2018Ȏ passport regime of the time. This piece of legislation built a new juristic basis for the status of Russian, Ukrainian, and Armenian refugees. 95 It rid refugees of legal uncertainty. Their fragile, unstable position ceased to be indirectly based on the Austro-Hungarian legislation, which was unclear and split on the question of a legal claim to have travel documents issued. The Passport Act of 1928 explicitly abolished the Austrian and Hungarian passport legislation. Instead of sub-statute regulations, the norm-creator chose the juristic regime that met the requirements of normative unity, systematic completeness, and the rule of law. The implementation or enforcement of this statute was, according to section 17, under the authority of the Minister of Interior, who had to comply with other ministers, especially the Minister of Foreign Affairs. The internal instructions for implementation of the statutory rules were as usual put in the follow-up ministerial circulars. Establishing a legal basis for the issuance of certificates in the form of passports allowed the Czechoslovak government to make a crucial diplomatic decision after more than a year. The decision was part of a long-term foreign policy stance. The permanent delegate to the League of Nations sent a formal note to the Secretary-General of the League of Nations under reference number 102/29 on 16 May 1929. 96 The note, as a diplomatic act, was registered by League’s secretariat the next day. According to the diplomatic note, the Czechoslovak government decided to accede to the arrangements of 5 July 1922, 97 31 May 1924, 98 12 May 1926 99 and 30 June 1928. 100 The approach did not concern, for example, the arrangement on extending certain measures to other categories of refugees previously adopted in favour of Russian and Armenian refugees. 101 The personal scope of this instrument was created under the auspices of the League of Nations relation to Assyrian, Assyrian-Chaldean, and assimilated refugees, as well as to refugees who did not enjoy the protection of Turkey under the Protocol of Lausanne negotiated on 24 July 1923. Czechoslovakia did not accede to this non-binding arrangement. The access was announced exclusively to the above-stated arrangements, which were published in French in a ministerial circular later on. The circular of the Ministry of Interior contained their full list and a translation of their texts from the French language. The approach of the Czechoslovak government to the non-binding arrangements was accompanied by the reservations which should not be decisively understood solely in the legal sense. 95 The statute came into force 24 April 1928. 96 Société des Nations . Archives 1928-1932. Registry No. 1A/12086/11812. Refugiés, Arrangement du 30 Juin 1928. Adhésion de la Tchécoslovaquie. 97 Arrangement with regard to the Issue of Certificates of Identity to Russian Refugees. Signed in Geneva, 5 July 1922. League of Nations, Treaty Series , 1922, Vol. XXX, No. 355, pp. 238-242. 98 Plan for the Issue of a Certificate of Identity to Armenian Refugees, 31 May 1924. Submitted for the consideration of interested governments by Dr Nansen. High Commissioner for Russian Refugees in execution of the Resolution of the Council of the League, adopted on 28 September 1923, League of Nations, Official Journal , No. 7-10, 1924, pp. 969-970. 99 Arrangement relating to the Issue of Identity Certificates to Russian and Armenian Refugees, supplementing and amending previous arrangements dated 5 July 1922, and 31 May 1924. Signed in Geneva, 12 May 1926. League of Nations, Treaty Series , 1929, Vol. LXXXIX, No. 2004, pp. 48-52. 100 Arrangement relating to the Legal Status of Russian and Armenian Refugees. Signed in Geneva, 30 June 1928. League of Nations, Treaty Series , 1929, Vol. LXXXIX, No. 2005, pp. 55-61. 101 Arrangement concerning the Extension to Other Categories of Refugees of Certain Measures Taken in Favour of Russian and Armenians Refugees. Signed in Geneva, 30 June 1928, League of Nations, Treaty Series , 1929, Vol. LXXXIX, No. 2006, pp. 65-67.

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