Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
acceptance. 111 Only 94 countries are contracting parties to the 1954
Convention, 112 and only 75 countries are contracting parties to the 1961
Convention. 113 Increased ratification efforts of relevant instruments will
contribute to a more overall effective international legal framework. 114
There are also problems with the conventions’ normative content.115
The 1954 Convention only requires that Contracting States “shall as
far as possible facilitate the assimilation and naturalization of stateless
individuals” (Article 32). 116 In other words, the Convention does not
impose an obligation on States to confer nationality on stateless
individuals. 117 Without a conferral of nationality, a stateless individual
remains stateless and at risk of all the consequences discussed above.118
Furthermore, the 1954 Convention only applies to stateless individuals
who are lawfully present or lawfully staying in the Contracting State.119
The 1961 Convention fails to oblige States to bestow or retain
nationality. 120 Therefore, an individual can still become or remain
stateless in that State. 121 Furthermore, neither Conventions, nor the
international legal framework as a whole, guarantees an individual a
“home state” to which he or she can always return and from which he
or she cannot be expelled. 122
Part Two: International Responses to Statelessness
In Part Two, we will look at the UNHCR’s and other countries’
approaches towards statelessness. While some countries have made
concerted efforts to cooperate with the UNHCR’s efforts to end
statelessness, other countries’ treatment of stateless individuals are
inconsistent and often contradictory to the UNHCR’s efforts to end
111. Id.
112. See 1954 Convention, supra note 92.
113. See 1961 Convention, supra note 93, at art. 1–4.
114. van Waas, supra note 37, at 138.
115. Id.
116. See 1954 Convention, supra note 92, at art. 32.
117. See id.
118. Protecting the Rights of Stateless Persons, supra note 94, at 5.
119. van Waas, supra note 37, at 138.
120. Id.
121. See generally id.
122. Id.
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