Defining Statelessness 1954 Convention Definition of Statelessness “For the purpose of this Convention, the term ‘stateless person’ means a person who is not considered a national of any State by operation of its law.” 1954 Convention Relating to the Status of Stateless Persons, Article 1 The drafters of the 1954 Convention agreed on the following definition of statelessness: “[T]he term ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law”.45 The drafters believed that this definition would cover the large majority of stateless individuals who would not otherwise be recognized as refugees and receive international protection through the 1951 Refugee Convention. The International Law Commission has concluded that the 1954 Convention definition of a stateless person can “no doubt be considered as having acquired a customary nature”46 and is therefore binding on all nations because every nation is bound to observe and respect an international principle or obligation that has achieved the status of customary international law even if a State has not ratified a particular treaty concerning that issue. Not all countries agree that the Article 1 stateless definition is customary law.47 Nevertheless, the fact that at least some international law authorities have found the stateless definition to have attained this level of recognition is an indication of its significance. the nationality laws of the State but also its practices in applying or implementing those laws.48 To be “a national” under this definition requires the existence of a formal bond, but does not require an effective or genuine link between the State and the individual.49 Individuals who have a formal bond of nationality but are not granted the rights and protections generally accorded other nationals of that country, would not typically be viewed as stateless. Such individuals would, nevertheless, be vulnerable to the same or similar hardships as stateless individuals and should be treated in a similar manner as individuals who are stateless.50 At the same time, the 1954 Convention definition of a stateless person is intended to be interpreted inclusively to include the broadest scope of stateless individuals in order to ensure that those individuals lacking nationality receive the necessary protection.51 Under the 1954 Convention definition, to determine whether an individual is “not considered as a national”, one must consult not only 12 Citizens of Nowhere: