Clara Van Thillo
two conventions remained relatively low for a few decades and statelessness received little
attention again until the end of the Cold War. The breakup of the Soviet Union, Czechoslovakia
and Yugoslavia demonstrated how individuals could be rendered stateless in the context of
State succession, and made the issue more pressing.7 Moreover, the emergence of
international human rights law throughout the second half of the 20th century laid more
emphasis on the individual and his rights, and enshrined the right to a nationality more firmly.
Human rights scholars and practitioners increasingly uncovered the underlying human rights
issues related to statelessness, and considered human rights law as the appropriate tool to
tackle it. Furthermore, the United Nations High Commissioner for Refugees (UNHCR),
mandated to address statelessness, launched its #IBelong campaign in 2014 to eradicate
statelessness entirely by 2024.8 As a consequence, statelessness has received much more
attention in the last ten years from the bodies and agencies of the United Nations (UN), regional
organisations, civil society and academics, who have taken a human rights-based approach
to statelessness.
Against this backdrop, this paper analyses how statelessness was understood and addressed
under traditional international law in the early 20th century and in the years leading up to the
adoption of the Statelessness Conventions. This early approach is contrasted with the current
human rights-based approach. The paper examines how the international community came to
understand the root causes of statelessness overlooked by traditional writers, and how it came
to acknowledge that statelessness does not only lead to severe human rights consequences,
but also has a distinct human rights dimension at its creation. The paper then goes on to
assess these two approaches, and comes to conclusion that while the human rights-based
approach is the only appropriate approach to address statelessness and must be considered
as the most ‘fair’, still important challenges remain. By continuing to build on the work of
traditional international lawyers, the human rights-based approach runs into its limits.
2. Understanding and addressing statelessness
A. The traditional international law approach
At the beginning of 20th century, statelessness was already considered as an undesirable,
possible consequence of the sovereign power of States to decide on the acquisition and loss
of nationality. As early as 1896, the Institut de Droit International formulated “nul ne doit être
sans nationalité” (“no one should be without a nationality”).9 After World War I, statelessness
was gradually recognised as an issue of international law.10 In 1930, the League of Nations
organised a conference in the Hague, with among others the aim to address statelessness.11
The preamble of the Convention on Certain Questions Relating to the Conflict of Nationality
UNHCR ‘Evaluation of UNHCR’s role and activities in relation to statelessness’ (July 2001) UN Doc
EPAU/2001/09, para. 29.
8 <https://www.unhcr.org/ibelong/>.
9 Institut de Droit International ‘Principes relatifs aux conflits de lois en matière de nationalité
(naturalisation
et
expatriation)’
(1895)
<https://www.idiiil.org/app/uploads/2017/06/1895_camb_02_fr.pdf>.
10 Mira L Siegelberg, Statelessness: A Modern History (Harvard University Press 2020), 83-85.
11 Hunter Miller, ‘The Hague Codification Conference’ (1930) 24 The American Journal of International
Law 674, 674.
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Academy of European Law