Forthcoming in the Max Planck Yearbook of United Nations Law (27) The true challenge, however, laid with the reluctance of states to accept these rules in their entirety. Mindful of that, he proposed an alternative, elaborated set of recommendations aimed at preventing and reducing cases of statelessness in its various forms.57 The reactions to Hudson’s report during the Commission’s debates revealed that these issues were far from settled. Though there was a general agreement on the adverse consequences of statelessness, the ILC could not agree on how it should be addressed. One of the points of contention was precisely the juxtaposition of the freedom of states in nationality matters and the limits imposed by international law. 58 This was clear, for example, from the discussions about deprivation of nationality. While some members opposed any substantial restrictions to the prerogative of states to deprive individuals of their nationality, others pointed to the inadequacy of a plenary ‘right’ in this respect, especially if the goal was to eliminate statelessness. This point was raised by Sir Hersch Lauterpacht, for whom ‘not even naturalization by fraud should be punished by deprivation of nationality, in so far as such deprivation resulted in statelessness’.59 These disagreements notwithstanding, there was a shared expectation that the work of the Commission would be grounded in the progressive development of the law, insofar as the established norms on nationality were insufficient to eliminate – or even effectively reduce – cases of statelessness. 2. The Cordova Report Following Hudson’s resignation, Roberto Cordova was made special rapporteur, asked to prepare a report of his own, and to propose articles accompanied by commentaries. Based on 57 Ibid., at 21–23. See UN ILC, ‘Summary Records of the Fourth Session, 4 June–8 August 1952’ in Yearbook of the International Law Commission 1952, vol. I, UN Doc. A/CN.4/SER.A/1952, at 100–142. 59 Ibid., at 136. 58 15 Electronic copy available at: https://ssrn.com/abstract=4816199

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