38.2 (7) TEMPROSA.DOCX38.2 (7) TEMPROSA.DOCX (DO NOT DELETE)
2020]
STATELESSNESS AS RHETORIC
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unique to or within the specific ambit of the 1954 Statelessness Convention, such
as the definition of statelessness. Creating a treaty body for the 1954 Statelessness
Convention does not undercut their work. The plurality of treaty bodies ensures
different approaches to human rights and may highlight neglected concerns. 410
However, in a discourse that is intimately tied with the interests of States, I do
admit that it will require a lot of political will on the part of States for such a treaty
body to gain support.
Several cornerstone principles should apply to the workings of the proposed
treaty body. Among others:
First, due to the complex nature of the world's citizenship laws and their varied applications, the treaty body should be organized with panels grouped according to regions or specializations aligning with different legal traditions. Since
statelessness results from negative conflicts between national laws, or when no
law trumps other laws to grant citizenship to an individual, 411 the treaty body
should be composed of highly specialized comparative law experts. This will
solve the fragmentation of approaches in discharging stateless status determination obligations and remove the unrealistic burden on States to know the nationality legislation of all other States. As the literature on citizenship shows, citizenship regimes do not work in isolation, and constellations arise through different
types of transnational and supranational venues. 412 The treaty body should create
and continuously update a compendium of citizenship laws and regulations based
on the different legal traditions of the world to guide the panels in their work.
Second, the treaty body should understand trends, policies, and movements
in citizenship rights around the world. Because statelessness is an area of law that
implicates State discretion, the treaty body should be able to untangle power and
political dynamics. By analyzing trends, policies, and movements in citizenship
rights in the international arena, the body could understand the dynamism of citizenship and statelessness. This is vital in accomplishing its objectives. As such,
the body should have broad powers to compel States to submit laws, as well as
reports describing the application of those laws. The treaty body must also develop a sense of duty from the States to do this, as explained in the next subsection.
Third, the UN and represented States should be able to hold the treaty body
and its members accountable through a system of checks and balances. Under the
1954 Statelessness Convention, the ICJ is empowered to take on cases dealing
with the interpretation or application of the provisions of the treaty. 413 It is
of the Child, General Comment No. 11: Indigenous children and their rights under the Convention,
U.N. Doc. CRC/C/GC/11 (2009), para. 41; United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights,
U.N. Doc. E/C.12/GC/20 (2009), paras. 5, 26 & 30.
410. See Alston, supra note 404.
411. See Spiro, supra note 292, at 694.
412. See Shaw, supra note 357, at 15.
413. 1954 Statelessness Convention, supra note 16, art. 34.
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