CUSTOMARY INTERNATIONAL LAW REQUIRING STATES
TO GRANT NATIONALITY TO STATELESS CHILDREN
BORN IN THEIR TERRITORY
WILLIAM THOMAS WORSTER*
In the most recent few years, state practice and opinio juris are increasingly converging to affirm
that states must grant nationality to children born in their territory if they would otherwise be
stateless. In prior scholarship, this author has argued that there is a customary international law
norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign
is a significant part of this development, placing statelessness back on the international agenda,
as well as encouraging states to adhere to the statelessness conventions, adopt birth registration
and statelessness determination procedures and revise domestic law. Partly due to this campaign,
states are increasingly adopting practice and domestic law that provides for nationality from birth
for stateless children but are also increasingly stating their opinion that such an approach is
desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any
state that claims it has the unfettered right to refuse to grant nationality to a stateless child born
in its territory. This article will complete a brief survey of recent practice and expressions of
opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End
Statelessness, to confirm that this norm continues to strengthen under customary international law.
TABLE OF CONTENTS
Introduction ...................................................................................................... 113
Methodology of Customary International Law................................................... 114
Granting Nationality to Otherwise Stateless Children ........................................ 119
A International Treaties ............................................................................. 121
B Domestic Legislation............................................................................. 129
C Characterising Acts as Wrongful or Permitted ....................................... 133
D International Organisations Influencing Opinion .................................... 136
Conclusion ........................................................................................................ 138
INTRODUCTION
In the most recent few years, customary international law is increasingly
crystalising to affirm that states must grant nationality to children born in their
territory if they would otherwise be stateless. In prior scholarship, this author has
argued that such a norm of customary international law was beginning to emerge,
based on years of slowly accumulating practice.1 In the years since that research
was published, state practice has begun to evolve rapidly. This article will assess
this quickly moving field that affirms the emergence of a rule of customary
international law. Now, under customary international law, stateless children can
identify the state where they were born as the state that must grant them nationality
if no other state will.
To a large degree, this quickly evolving practice is due to the United Nations
High Commissioner for Refugees’ (‘UNHCR’) #IBelong Campaign to End
Statelessness (‘#IBelong Campaign’). This initiative has placed statelessness back
*
1
The Hague University of Applied Sciences, The Hague, the Netherlands.
See William Thomas Worster, ‘The Obligation to Grant Nationality to Stateless Children under
Customary International Law’ (2019) 27(3) Michigan State International Law Review 441.