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STATELESSNESS AS RHETORIC
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view, the phrase "operation of its law" was inserted into Article 1(1) of the 1954
Statelessness Convention to cover people who lost their nationality automatically
through the application of law and people who lost their nationality through the
application of a rule (e.g., an executive act). 97 Whether a person is stateless depends on a point of law, "an arguably unremarkable approach since nationality is
itself a legal connection between a person and a [S]tate." 98
Under this first approach, statelessness is a question of law. Whether a State
includes or excludes someone through the blackletter law is controlling. This
mandates a strict, textual reading of the relevant laws. The IPU gives the impression that it endorses this view because Article 1(1) is a "strictly legal definition"99
binding on all States. To illustrate, if A's status is under determination, the determination officers of State Y would have to check the laws of all relevant States to
know if A is not considered a national under the laws of those States. Relevant
States are usually those States in which A has an important life connection (for
example, birth and parentage, or where A lives or lived). Take for example that
one such State is State X. If State X's law provides that all persons born in its
territory are automatically citizens of State X, and A was born in the territory of
State X, then A is not stateless because A is a citizen of X.
The Second Approach
The second approach, endorsed by UNHCR, is rooted in the renewed attention to statelessness. In 2010, UNHCR organized an expert meeting in Prato, Italy
on the concept of statelessness. 100 The meeting's summary conclusions stressed
the importance of interpreting the definition in line with the 1954 Statelessness
Convention's object and purpose. 101 At the meeting, scholars' views were taken
into account on how the definition should be interpreted. 102 UNHCR's position
was that a more holistic interpretation is best, paying due regard to the ordinary
meaning of the term "statelessness," but at the same time, examining the elements
of the definition. 103
97.
98.
99.
Id.
VAN WAAS, supra note 51, at 20.
INTER-PARLIAMENTARY UNION, NATIONALITY AND STATELESSNESS: A HANDBOOK FOR
PARLIAMENTARIANS 10 (2005).
100. See UNHCR, Expert Meeting, The Concept of Stateless Persons under International Law:
Summary Conclusions, (May 27–28, 2010), http://www.unhcr.org/4cb2fe326.pdf (last visited Apr. 15,
2019) [hereinafter "UNHCR, Expert Meeting"].
101. Id. at 2.
102. Id.
103. Id.