refworld/docid/4e560b162.html>.
63 Universal Declaration of Human Rights, Article
15, available at: <http://www.ohchr.org/en/udhr/pages/language.aspx?langid=eng>.
64 See, e.g., U.N. HUMAN RIGHTS COMMITTEE,
General Comment No. 24 (52), U.N. Doc. CCPR/C/21/
Rev. 1/Add. 6, 1994; Restatement (Third) of Foreign
Relations § 701, Reporters’ Note 4 (1986) (“There
are indeed numerous United Nations resolutions and
statements referring, for example, to ‘the duty of
states to fully and faithfully observe the provisions of
the Universal Declaration.’”) (citing Art. 11, G.A. Res.
1904, 18 U.N. GAOR Supp. No. 15, at 35).
65 See, e.g., infra note 47 and accompanying text.
Moreover, at least one U.S. court has found that arbitrary denationalization is a violation of the law of
nations and recognized that this “reflects international concern regarding the existence of stateless
persons”. In re South African Apartheid Litigation,
617 F.Supp.2d 228, 253 (SDNY 2009).
66 International Covenant on Civil and Political
Rights, Article 24(3), available at: <http://www2.ohchr.
org/english/law/ccpr.htm>.
67 International Convention on the Elimination of All
Forms of Racial Discrimination, Article 5, available at:
<http://www2.ohchr.org/english/law/cerd.htm>. The right
to a nationality is also recognized in other international legal instruments to which the United States
is not a State Party, including the American Convention on Human Rights, Nov. 21, 1969, O.A.S. T.S. No.
36; 1144 U.N.T.S. 143; S. Treaty Doc. No. 95-21, 9 I.L.M.
99(1969); the Convention on the Rights of the Child,
Nov. 20, 1989, 1577 U.N.T.S. 3; 28 I.L.M. 1456(1989);
the Convention on the Elimination of All Forms of
Discrimination against Women, Dec. 18, 1979, 1249
U.N.T.S. 13; 19 I.L.M. 33(1980); the Convention on the
Nationality of Married Women, 309 U.N.T.S. 65, entered into force Aug. 11, 1958; the Convention on the
Rights of Persons with Disabilities, G.A. Res. 61/106,
76th plen. mtg., U.N. Doc A/RES/61/106 (Dec. 13,
2006); and the International Convention on the
Protection of the Rights of All Migrant Workers and
Members of Their Family, New York, Dec. 18, 1990,
entered into force July 1, 2003, 2220 U.N.T.S. 93, 30
I.L.M. 1517 (1991).
68 See Sosa v. Alvarez-Machain, 542 U.S. 692, 728
(2004) (observing that “the Senate has expressly
declined to give the federal courts the task of interpreting and applying international human rights law,
as when its ratification of the [ICCPR] declared that
42
the substantive provisions of the document were not
self-executing”, citing 138 Cong. Rec. 8071 (1992));
see also Johnson v. Quander, 370 F.Supp.2d 79, 100101 (D.D.C. 2005) (noting that “only two courts have
reviewed the CERD for the purpose of determining
whether it is self-executing and therefore permits a
private right of action, both concluding that it did
not”).
69 Nicole Green and Todd Pierce, “Combating statelessness: a government perspective”, 32 Forced Migration Review 34 (2009), available at <http://www.
fmreview.org/statelessness.htm>. At the time of publication, both authors were employed by the U.S. Department of State, Bureau of Population, Refugees,
and Migration. This article does not address conflicts
between U.S. law and the 1954 Convention; however,
one potential conflict is reflected by Article 23 of the
1954 Convention, which provides that stateless individuals have the same access to public benefits as
nationals of the country. The United States does accord certain non-U.S. citizens access to certain public
benefits, but not necessarily equal to those benefits
accorded to U.S. citizens. Since 2008, the U.S. State
Department has monitored the situation of stateless
people and detailed their conditions in its annual human rights reports.
70 Adopted on Sept. 28, 1954 by a Conference of
Plenipotentiaries convened by Economic and Social
Council resolution 526 A(XVII) of April 26,1954.
71 Adopted on Aug. 30, 1961 by a conference of
plenipotentiaries which met in 1959 and reconvened
in 1961 in pursuance of General Assembly resolution
896 (IX) of Dec. 4, 1954.
72 Green and Pierce, supra. note 74. At the time of
publication, both authors were employed by the U.S.
Department of State, Bureau of Population, Refugees, and Migration. This article does not address
conflicts between U.S. law and the 1954 Convention;
however, one potential conflict is reflected by Article 23 of the 1954 Convention, which provides that
stateless individuals have the same access to public benefits as nationals of the country. The United
States does accord certain non-U.S. citizens access
to certain public benefits, but not necessarily equal
to those benefits accorded to U.S. citizens. Since
2008, the U.S. State Department has monitored the
situation of stateless people and detailed their conditions in its annual human rights reports.
73 H.R. REP NO. 112-091, pt.1, at 1 (2012), available
at
<http://thomas.loc.gov/cgi-bin/cpquery/?&sid
Citizens of Nowhere: