B.
66
SECTION I.B.1
HE STATE’S DUTY TO PREVENT AND REDUCE
T
STATELESSNESS
B.1 Prevention and reduction of statelessness in international
law
The duty of a state to prevent and reduce statelessness is
linked to the right to nationality of every individual and the right
to not be arbitrarily deprived of nationality. Discretion in laws
relating to migration, immigration, and nationality are often
justified as functions of national sovereignty. However, the fact
that the state’s sovereignty in regulating nationality is not absolute
and is dependent on the development of international relations
was made clear as early as 1923 by the Permanent Court of
Justice.95 After this decision, the 1930 Hague Convention on
Certain Questions relating to the Conflict of Nationality Laws
and the Protocol relating to a Certain Case of Statelessness
together codified the international rules on abolition of
statelessness. Since these developments, and particularly with
Article 15 of the UDHR in 1948, the development of international
human rights law has significantly clarified the boundaries
within which state sovereignty in citizenship matters must be
exercised.96
The 1954 Convention was adopted to establish that the
fundamental rights of stateless persons need to be protected.
The 1961 Convention was further adopted to propose a
framework through which statelessness could be reduced and
prevented. The 1961 Convention simply reaffirmed the existing
international custom of a state’s duty to prevent and reduce
statelessness and set out rules for its implementation.97 This
duty has been reaffirmed and integrated through several other
95
Nationality Decrees Issued in Tunis and Morocco (Advisory Opinion) [1923] PCIJ Rep Series B No 4.
96 Mirna Adjami and Julia Harrington, ‘The Scope and Content of Article 15’ (n 79) 93.
97 Council of Europe, ‘Explanatory Report to the European Convention on Nationality’ (6 November
1997) ETS No.166.
SECURING CITIZENSHIP
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