Forthcoming in the Max Planck Yearbook of United Nations Law (27)
nationality acquisition to privilege,62 states could not reach an agreement on the prohibition of
nationality deprivation and were forced to adjourn the conference.63 They would reconvene
almost two years later and finally adopt the Convention on the Reduction of Statelessness in
1961.
3. The Convention on the Reduction of Statelessness (1961)
If the 1930 Hague Convention on Nationality articulated the principle whereby the competence
of states on nationality matters is thus presumed unfettered insofar as no prohibiting rules exist,
the Convention on the Reduction of Statelessness (1961) created positive obligations to grant
nationality, even if under certain circumstances. According to Art. 1, a state party is under a
duty to confer ‘its nationality to a person born in its territory who would be otherwise stateless’
either at birth, by operation of law, or based on an application. In the latter case, however, the
state will have considerable latitude to make the acquisition of its nationality conditional on
certain requirements. Similarly, Arts 2 to 4 establish further rules on the acquisition of
nationality by stateless persons at birth, as well as conditions they might need to fulfill. In a
similar vein, loss of nationality either by change of civil status (Arts 5 to 6) or renunciation
(Art. 7) is subject to possession or acquisition of another nationality. Art. 8 of the Convention
prohibits the deprivation of nationality leading to statelessness, although providing for some
exceptions, such as where an individual infringes their duty of loyalty, repudiates their
allegiance, or threatens their state’s vital interests. While Art. 9 is peremptory in prohibiting
discriminatory deprivations of nationality, Art. 10 establishes that treaties on territorial
transfers between contracting states must include provisions ensuring that no individual
P. Weis, ‘The United Nations Convention on the Reduction of Statelessness, 1961’ (1962) 11 International and
Comparative Law Quarterly 1073-1096, at 1078–1080.
63
UNGA, ‘Note by the Secretary-General with Annex Containing Observations by Governments on Deprivation
of Nationality’ (9 June 1961) UN Doc. A/CONF.9/10.
62
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Electronic copy available at: https://ssrn.com/abstract=4816199