38.2 (7) TEMPROSA.DOCX38.2 (7) TEMPROSA.DOCX (DO NOT DELETE) 300 BERKELEY JOURNAL OF INTERNATIONAL LAW 1/16/2021 12:59 PM [Vol. 38:2 a laudable initial step, 393 but it is an incomplete one. As I shall argue later, an institutional approach would complement this effort. Third, other areas of international law can also shed light on the issue of nationality protection. Although the 1954 Statelessness Convention is a human rights instrument, issues of statelessness extend far beyond human rights law and affect other aspects of a person's life and other branches of law. Within international investment law, for example, a framework of diplomatic protection serves as the source of traditional obligations toward foreign nationals; claims for violations of these standards may only be made at the interstate level by the State of nationality. 394 Stateless persons are thus entitled to no protection under this framework. 395 However, in pursuit of the progressive development of international law, the ILC adopted a provision in the Articles on Diplomatic Protection allowing States to exercise diplomatic protection in respect of stateless persons who are lawful and habitual residents of a claimant State. 396 That person must be a resident of the claimant State at the date of the injury and when the claim is officially presented. 397 The ILC asserted that international law reflects a concern for stateless persons in treaty law. 398 We should anticipate and incorporate normative changes, such as this change in international investment law, in any analysis. Fourth, since any determination of stateless status affects the life and liberty of people, the assessments should be fair and equitable. States must observe the imperatives of procedural justice, due process, and other substantive and procedural guarantees in international law and applicable domestic law. Questions of proof and evidence should be answered through these lenses. Administrative and/or judicial review processes must further be in place. States also need to think about the imperatives of global administrative law as it intersects with statelessness. Otherwise, the legitimacy of the procedures and the resulting status determinations could be called into question. 393. See Vonk et al., supra note 271 (for comparative law efforts); see also U.S. OFF. OF PERS. MGMT., Citizenship Laws of the World, https://www.multiplecitizenship.com/worldsummary.html (last visited May 3, 2019). 394. Alex Mills, Rethinking Jurisdiction in International Law, 84 BRIT. Y.B. INT'L L. 187, 216 (2014). 395. Id. 396. John Dugard, Articles on Diplomatic Protection (2006), http://legal.un.org/avl/pdf/ha/adp/adp_e.pdf. 397. International Law Commission, Draft Articles on Diplomatic Protection with commentaries, art. 8, at 36, U.N. Doc. A/61/10 (2006). 398. Id. at 35–36.