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