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other steps were enumerated earlier. An alternative way is for individual States to
directly contest the definition by adopting definitions in their respective domestic
laws that have a protection-oriented focus. 320
I then identify some elements of a protection-oriented approach that could
inform an agenda for reforming the definition and creating better statelessness
determinations either by States collectively, as parties to the 1954 Statelessness
Convention, or as States in their individual capacities in a customary lawmaking
effort. I present these as options legally available to States, and build a framework
that avoids one final, finite definition of statelessness. A one-size-fits-all approach
would further lead to dogmatism and finality that cannot address changed and
changing protection issues. Within the critical rhetoric tradition, even if change
occurs, that change is subject to reflection and critique for further improvement. 321 The solution suggested is not the only possible approach, but it responds
to the widely-accepted deficits of the current definition.
A. Inadequacy of Existing Attempts to Change the Statelessness Definition
In recent years, States and the international community have expressed
heightened interest in addressing the issue of statelessness. UN bodies, such as
the General Assembly, the Economic and Social Council, the Human Rights
Council, and even the Security Council, regard statelessness as an issue of international and human security, reflecting a change in the use of the concept. Before
2000, UN bodies discussed statelessness in only 87 published documents, but
from 2001 to 2013, statelessness appeared in more than 2,950 documents. 322 In
2011, UN Secretary-General Ban Ki-moon urged the UN to address statelessness
from multiple perspectives, outlining guiding principles and policy frameworks
for action. 323 Ban described identifying stateless persons as a prerequisite for any
response strategy. 324 In 2014, the UNHCR, which is the UN body with the "statutory function of providing international protection [to stateless persons] and of
seeking preventive action," 325 launched the #iBelong Campaign with the
320. For instance, Mexico's laws provide for equal treatment of persons who have a nationality
that is not effective. Mexico's Ley de Migracion, art. 3(IV), (last visited May 6, 2019).
321. LITTLEJOHN, FOSS & OETZEL, supra note 154, at 452–53.
322. Id.
323. See UNITED NATIONS, Guidance Note, supra note 88, at 6, 9; see also UNHCR, Conclusion
on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons No.
106 (LVII) (2006), https://www.unhcr.org/excom/exconc/453497302/conclusion-identification-prevention-reduction-statelessness-protection.html (last visited Apr. 15, 2019); see also UNHCR,
UNHCR Action to Address Statelessness: A Strategy Note (2010), https://www.unhcr.org/protection/statelessness/4b960ae99/unhcr-action-address-statelessness-strategy-note.html (last visited Apr.
15, 2019).
324. UNITED NATIONS, Guidance Note, supra note 88, at 6, 9.
325. G.A. Res. 50/152, ¶ 14, U.N. Doc. A/RES/50/152 (Feb. 9, 1996). UNHCR's mandates are
usually traced to G.A. Res. 3274 (XXIV) (Dec. 10, 1974) and G.A. Res. 31/36 (Nov. 30, 1976). States
assigned this role to UNHCR pursuant to Article 11 of the 1961 Convention on the Reduction of