2016] The Prevention and Reduction of Statelessness in Australia 463 Although the original intention was to draft an instrument to eliminate statelessness, this was considered too ambitious and the focus was instead confined to the reduction of statelessness.34 Australia did not participate in the drafting process, but it ratified the treaty without any reservations in 1973 (on the same day it ratified the 1954 Convention).35 The United Kingdom (‘UK’) representative at the Conference stated that ‘[t]he main cause of statelessness at birth was [said to be] the conflict between jus soli [nationality based on where one is born] and jus sanguinis [nationality based on one’s descent ---- eg, parents’ citizenship].’36 This tension lay at the heart of the different approaches taken by states during the process of drafting the 1961 Convention. For instance, the Swiss representative argued that while it might be logical for immigration countries to grant nationality to every child born on their soil, many ‘over-populated’ European states ‘could not, without seriously affecting their political and social structures, assimilate thousands of persons who had no real links with them and whose birth on their soil was often fortuitous.’37 Furthermore, states ‘had to ensure that the persons concerned were adapted to the habits, customs and mentality of [their] nationals and that they would become good citizens.’38 A key challenge, therefore, ‘was to find a way for the jus sanguinis States to co-operate in reducing future statelessness.’39 In addition, as had been previously expressed in the ILC, some states emphasized the internal jurisdiction aspects of nationality and their desire to preserve their right to deprive someone of nationality in certain circumstances. Others argued that deprivation should not be used as a penalty, but thought it was nonetheless appropriate that nationality only be granted where 34 Ibid 257. The Conference had before it two draft texts prepared by the ILC: one on the elimination of statelessness; and another on the reduction of statelessness: Goodwin-Gill, Introductory Note: Convention on the Reduction of Statelessness, above n 28, citing ‘Summary Records of the Sixth Session (3 June -- 28 July 1954)’ [1954] I Yearbook of the International Law Commission 1, 3--52; ‘Report of the International Law Commission to the General Assembly’ [1954] II Yearbook of the International Law Commission 140, 141. 35 See UN Treaty Collection, 3. Convention Relating to the Status of Stateless Persons, 1 <https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20V/V-3.en.pdf>. This was two years before the 1961 Convention attracted the requisite number of ratifications to enter into force (on 13 December 1975). 36 UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of the Second Plenary Meeting, UN GOAR, 2nd plen mtg, Agenda Item 7, UN Doc A/CONF.9/SR.2 (24 April 1961) 3 (‘Summary Record of the Second Plenary Meeting’). 37 Ibid 6. 38 Ibid 7. 39 Ibid.

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