Comments
Where the basis for nationality, such as a genuine connection or allegiance to
a State no longer exists, States can provide for the termination of nationality
in exceptional circumstances 90. Most of the international standards regarding
withdrawal of nationality have been derived from the 1961 Convention. The
1961 Convention sets out two ways that nationality may be permissibly
withdrawn; loss of nationality, in which nationality is automatically withdrawn
by the operation of law, and deprivation of nationality, which occurs due
to a discretionary act at the initiative of the State, exceptionally. Under the
general rules of treaty interpretation, as found in the Vienna Convention
on the Law of Treaties, the ordinary meaning of the terms used in the 1961
Convention must be read in their context, taking into account the object and
purpose of the Convention.91 The object and purpose of the 1961 Convention
is to prevent and reduce statelessness, thereby ensuring every individual’s
right to a nationality.92 The 1961 Convention must also be read in light of
subsequent developments in international law, in particular the growing
body of international human rights law which broadly recognizes the right of
all people to acquire and retain a nationality.93 Considering both the object
and purpose of the 1961 Convention, and the subsequent developments in
international human rights law, any provisions on withdrawal of nationality
should always weigh the effect of withdrawal of nationality on an individual
against the interests of the State, adhering to the principle of proportionality.
There are numerous bases outlined in the 1961 Convention upon which
States may choose to provide for loss of nationality. Though some States
allow for the automatic loss of nationality, it is preferable that States retain
discretion over the withdrawal over an individual’s nationality. Where States
are able to review decisions to withdraw nationality, they may take into
account individual circumstances, and assess whether the withdrawal of
nationality is proportional. Additionally, the grounds for loss of nationality
as provided for in the 1961 Convention, that is the acquisition of a foreign
nationality, a change in personal status, or prolonged residence abroad are
diminishingly used by States, and with the advent of globalisation, have
become increasingly obsolete. Therefore, no methods of automatic loss of
nationality were included in this toolkit. However, as some LAS member
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