Clara Van Thillo
Refugees published a memorandum on the causes of statelessness.24 In 1948, the UDHR
enshrined the right to a nationality for the first time.25 However, Weis observed that “in view of
the exclusive competence of States to regulate nationality, and in the absence of effective joint
action of States for the elimination of statelessness, this pronouncement must be regarded
largely as being of a promissory and rather platonic nature.”26 In that same year, the Economic
and Social Council (ECOSOC) requested the UN Secretary-General to study the existing
national legislation and conventions relevant to statelessness, and to make recommendations
regarding the desirability of adopting a new convention.27 Hence, the UN Secretary-General
published ‘A Study of Statelessness’ in 1949.28 The International Law Commission (ILC) was
also engaged on the issue. In 1949, the ILC selected the topic of ‘nationality, including
statelessness’ for codification,29 and in 1950, ECOSOC requested the ILC to “prepare […] the
necessary draft international convention or conventions for the elimination of statelessness.”30
The ILC published its report in 1952.31
This renewed interest in statelessness eventually led to the signing of the Statelessness
Conventions in 1954 and 1961 respectively. After ‘A Study of Statelessness’ was published,
ECOSOC appointed the Ad Hoc Committee on Statelessness and Related Problems, which
was tasked to consider the desirability of a new convention relating to refugees and stateless
persons, and if desirable, to draft that convention.32 The Committee recommended a
convention relating to the status of refugees, accompanied by a separate protocol relating to
the status of stateless persons.33 Subsequently, the UN General Assembly convened a
Conference of Plenipotentiaries to sign said convention and protocol.34 However, the
Conference eventually only adopted the Convention relating to the Status of Refugees, while
the protocol was referred back to the UN for further study.35 In 1954, ECOSOC convened
another conference to discuss the protocol that had not been adopted.36 The outcome of the
conference was not a protocol, but rather a self-standing convention, i.e. the 1954 Convention.
Later that year, the UN General Assembly expressed its wish to convene another conference
Intergovernmental Committee on Refugees ‘Statelessness and Some of Its Causes’ in Basic Legal
Documents (1947).
25 UDHR, art. 15.
26 Paul Weis, ‘The United Nations Convention on the Reduction of Statelessness, 1961’ (1962) 11
International and Comparative Law Quarterly 1073, 1075.
27 Economic and Social Council (ECOSOC) ‘Report of the second session of the Commission on Human
Rights’ (1-2 March 1948) UN Doc E/RES/116(VI)D.
28 United Nations Ad Hoc Committee on Refugees and Stateless Persons ‘A Study of Statelessness’ (1
August 1949) UN Doc E/1112, E/1112/Add.1.
29 International Law Commission (ILC) ‘Report on Nationality, Including Statelessness by Mr. Manly O.
Hudson, Special Rapporteur’ (1952) Yearbook of the International Law Commission 1952, Vol. 2, 4.
30 ECOSOC ‘Refugees and stateless persons’ (11 August 1950) UN Doc E/RES/319(XI)BIII.
31 ILC ‘Report on Nationality, Including Statelessness by Mr. Manly O. Hudson, Special Rapporteur’
(1952) Yearbook of the International Law Commission 1952, Vol. 2.
32 ECOSOC ‘The Study of Statelessness’ (6 August 1949) UN Doc E/RES/248(IX)B.
33 ECOSOC ‘Report of the Ad Hoc Committee on Statelessness and Related Problems’ (17 February
1950) UN Doc E/1618 and E/AC.32/5, para. 19.
34 United Nations General Assembly (UNGA) ‘Draft Convention relating to the Status of Refugees’ (14
December 1950) UN Doc A/RES/429(V), para. 1.
35 Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and
Stateless Persons (25 July 1951) UN Doc A/CONF.2/108/Rev.1, Resolution III.
36 ECOSOC ‘Statelessness’ (26 April 1954) UN Doc E/RES/526(XVII)A, para. 1.
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Academy of European Law