YALE HUMAN RIGHTS & DEVELOPMENT L.J.
2017]
The Risk of Statelessness
VOL. XIX
59
expatriation was completed and that an expatriated woman not lose her
nationality when married unless she acquired that of her husband.66 In fact,
concerns about statelessness were so significant that the 1930 Hague
Conference promulgated two additional protocols on the subject. The first
was the Protocol Relating to a Certain Case of Statelessness, which provided
that a child should acquire the nationality of the state of birth if her mother
was a national of the state of birth and her father was of unknown
nationality.67 The second was the Special Protocol Concerning Statelessness,
which would require a state to readmit an expatriated person who had
failed to acquire another nationality and had become indigent or engaged
in criminal activity in another state.68 Regardless, like the 1930 Convention
itself, these protocols had little practical effect due to their limited
ratification.69
When statelessness emerged again as a matter of international concern
after the Second World War, that concern had become more humanitarian
in nature. Indeed, early work by the U.N. General Assembly, Economic and
Social Council, Commission on Human Rights, and International Refugee
Organization forged the understanding of nationality as a fundamental
right at the same time that the protection of stateless persons was joined
with the global conversation about the need for refugee protection.70 There
was an evident concern for the legal situation of “persons who do not enjoy
the protection of any government,”71 and while efforts focused more on
providing assistance to refugees, stateless persons were also viewed as
“unprotected” and in need of a comparable legal solution.72
In 1950, the U.N. General Assembly convened a Conference of
Plenipotentiaries for a draft convention on the status of refugees and a draft
66. Id. arts. 7-11.
67. Protocol Relating to a Certain Case of Statelessness art. 1, opened for signature Apr. 12,
1930, 179 L.N.T.S. 115.
68. Special Protocol Concerning Statelessness art. 1, Apr. 12, 1930, 2252 L.N.T.S. 1435.
69. See Spiro, supra note 7, at 283.
70. Guy S. Goodwin-Gill (Senior Research Fellow), Convention Relating to the Status of
Stateless Persons: Introductory Note for the U.N. Audiovisual Libr. of Law, at 1 (2010),
http://legal.un.org/avl/pdf/ha/cssp/cssp_e.pdf [https://perma.cc/EM7T-3J9K].
71. Id. (quoting Comm’n on Human Rights, Rep. of the Commission on Human Rights on the
Second Session, ¶ 46, U.N. Doc. E/600 (1947)).
72. Id. at 1-2. In his recounting of the 1950 summary records of the Ad Hoc Committee on
Statelessness and Related Problems, Goodwin-Gill explains that the representatives that
formed the Ad Hoc Committee disagreed about the relationship between protection for
refugees and stateless persons. For example, French and U.S. representatives pushed for an
immediate solution to the pressing refugee problem, but the former believed that statelessness
was a less urgent “continuing concern of the world community,” id. at 2 (quoting U.N. Econ. &
Soc. Council, Ad Hoc Comm. on Statelessness & Related Problems, Summary Record of the
Second Meeting, ¶8, U.N. Doc. E/AC.32/SR.2 (Jan. 26, 1950)), and the latter suggested that
some non-refugee stateless persons may not even require protection of the UN, id. Other
representatives were concerned about similar gaps in protection suffered by each group and
the need for comparable legal solutions. Id. at 3. The resulting recommendation was to create a
convention for the protection of refugees and an additional protocol whereby states may agree
to apply the convention to stateless persons who may not otherwise qualify as refugees. Id. at
3.
Electronic copy available at: https://ssrn.com/abstract=3111529
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