Statelessness and the Problem of Resolving Nationality Status

'Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality, nor denied die right to change his nationality.' Such is the text of article 15 of die 1948 Universal Declaration of Human Rights. This has not always been die case. The right to a nationality and die notion of'effective nationality', of nationality as a basis for the exercise of odier rights, have been developed through the course of this century. Notable landmarks include die 1930 Hague Convention on Certain Questions relating to die Conflict of Nationality Laws, die 1961 Convention on die Reduction of Statelessness, and die 1997 European Convention on Nationality. The principles contained in diese conventions have been elaborated upon and reinforced by other treaties, jurisprudence, and State practice. The right to a nationality is a human right, in turn, out to serve as a basis upon which to settie issues pertaining to the acquisition, loss, or denial of nationality. If everyone has die right to a nationality, how is tiiis right to be realized, how is nationality to be ascribed? International law stipulates tiiat it is for each State to determine, dirough die operation of national law, who are its citizens. This determination will be recognized at the international level so far as it accords widi general principles of international law. The State, dierefore, should not apply measures which conflict witii international principles relating to the acquisition, loss, or denial of citizenship. This principle is enunciated in the 1930 Hague Convention, die 1997 European Convention, and die case law of bodi die Permanent Court of International Justice and International Court of Justice.