THE RISK OF STATELESSNESS 84 YALE HUMAN RIGHTS & DEVELOPMENT L.J. 2017 [Vol. 19 about the situation of statelessness in Hispaniola. A review of Haitian nationality law between 1929 and 2010—the period during which birthright nationality in the Dominican Republic was qualified by the “in transit” exception—reveals three distinct legal regimes whose potentially overlapping operation creates some level of uncertainty.248 First, as the Inter-American Court noted in its brief review of Victor Jean’s nationality claim, there are certain constitutions that reserve the right to jus sanguinis nationality acquisition for those born to Haitian fathers.249 The 1946 Constitution provided that a Haitian father could pass on his Haitian nationality to a child born in foreign territory, and that a Haitian mother could pass on her Haitian nationality to a child if the father did not recognize the child.250 By its terms, this rule would prevent a Haitian mother from transferring her Haitian nationality to a child born in foreign territory if her foreign partner recognized the child.251 This same rule was reasserted in the 1957 Constitution,252 and that regime remained in place until the 1964 Constitution provided a basis for jus sanguinis nationality acquisition for children born to a Haitian father or mother, regardless of whether the father recognized the child.253 The gender distinction in the 1946 and 1957 Constitutions was once again made law by a 1974 Decree,254 248. While not appropriately considered a legal regime, it is important to note that prior to 1946 there is virtually no guidance on jus sanguinis rules of Haitian nationality acquisition. The Haitian Constitution of 1918 only mentions citizenship or nationality requirements on one occasion: “The rules governing nationality shall be determined by law.” 1918 CONSTITUTION DE LA REPUBLIQUE D’HAITI [1918 CONSTITUTION OF THE REPUBLIC OF HAITI], June 19, 1918, art. 3, translated in U.S. DEP’T OF STATE, PAPERS RELATING TO THE FOREIGN RELATIONS OF THE UNITED STATES, 1918, at 487 (1918). However, no nationality laws are publically available from this period, so there is very little clarity about what it meant to hold nationality under the law. Further, the 1928 constitutional amendments did not address nationality. See generally CONSTITUTION DE 1918 DE LA REPUBLIQUE D’HAITI AMENDÉE PAR LE PLÉBISCITE DES 10 ET 11 JANVIER 1928 [1928 AMENDMENTS TO THE 1918 CONSTITUTION OF THE REPUBLIC OF HAITI], Jan. 10-11, 1928, art. 3. While the 1935 Constitution made an important distinction between “Haitians by origin” and “Haitians by naturalization,” see 1935 CONSTITUTION DE LA REPUBLIQUE D’HAITI [1935 CONSTITUTION OF THE REPUBLIC OF HAITI], June 2, 1935, art. 6 (translation on file with author), neither the text of that Constitution nor constitutional amendments in 1944 defined these terms. 249. Expelled Dominicans and Haitians ¶ 297. 250. 1946 CONSTITUTION DE LA REPUBLIQUE D’HAITI [1946 CONSTITUTION OF THE REPUBLIC OF HAITI], Nov. 22, 1946, art. 4. 251. Article 4 of 1946 Constitution of the Republic of Haiti provides that “[o]ne is a Haitian by origin if he is born to a father who was himself born Haitian. Or, one is a Haitian by origin if he is not recognized by his father but he was born to a mother who herself was born Haitian.” Id. (translation on file with author). 252. 1957 CONSTITUTION DE LA REPUBLIQUE D’HAITI [1957 CONSTITUTION OF THE REPUBLIC OF HAITI], June 14, 1957, art. 4. 253. 1964 CONSTITUTION DE LA REPUBLIQUE D’HAITI [1964 CONSTITUTION OF THE REPUBLIC OF HAITI], May 25, 1964, art. 4. 254. Décret du 27 Février 1974 sur la Nationalité et la Naturalisation [Feb. 27, 1974 Decree on Nationality and Naturalization], art. 2, Le Moniteur No. 20, Mar. 14, 1974 (Haiti). The legal force of this Decree is uncertain, inasmuch as it contradicts the Constitution in force at the time, even though there is no public guidance available on this apparent inconsistency in the law. The 1974 Decree also introduced, for the first time, rules for loss of Haitian nationality. Most important, Article 17 states that Haitian nationality is incompatible with all other nationalities and no one may hold a double nationality where one of the nationalities is Electronic copy available at: https://ssrn.com/abstract=3111529