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that in these limited circumstances states are allowed to deprive persons from their
nationality, even if it would leave them stateless. When comparing the deprivation
grounds in both conventions, both contain various grounds that refer to situations in
which one can seriously question the person’s commitment, and loyalty to the state,
such as ‘conducting oneself in a manner seriously prejudicial to the vital interests
of the state’, and ‘voluntary service in another military force’.158 The possibility to
deprive nationality on such grounds has received renewed attention in the current
fight against terrorism.159
The European Convention on Nationality also allows deprivation of nationality
in cases where the strength of the link between the individual and the state is considered to become too weak.160 The latter of course ties in with the approach one
takes to dual or multiple nationality, which is also informed by the current reality of
a mobile world in which people often migrate to other countries and develop close
connections with more than one state, thus multiplying the situations in which persons have or seek to have and retain multiple nationalities.161
As in relation to the acquisition of nationality, also in relation to nationality deprivation, international law increasingly identifies constraints imposed on state sovereignty by the prohibition of discrimination.162 The ongoing importance of this particular constraint is confirmed by the various tragic examples where discriminatory
deprivation/denial of nationality has been meted out to minorities, making them ever
more vulnerable in the process, marginalizing them. The denationalization of the
Jews as component part of the plan to exterminate them during the holocaust163 is
undoubtedly one of the most vicious examples. The current plight of the Muslim
community in Myanmar shows how topical concerns about discriminatory deprivation of nationality remain.164
4.4 Dual Nationality
The approach towards dual nationality confirms and highlights the interrelation
between the rationale of nationality, the special bond of membership it reflects, and
conditions for acquisition and deprivation. Indeed, the demands one has regarding the degree of loyalty and commitment to the state that is supposed to underlie
a bond of nationality, informs the extent to which one would accept dual or even
158
Art. 8(3) of the Convention on the Reduction of Statelessness (1961); Art. 7(c) and (d) of the European Convention on Nationality (1971).
159
See also van Waas and Jaghai (2018) in this special issue which highlights the problems involved,
especially in relation to persons with double nationality.
160
Art. 7 (a)(e).
161
See also below and Wautelet (2018) in this special issue.
162
Art. 9 of the Convention on the Reduction of Statelessness (1961); and Art. 6 of the 1997 European
Convention on Nationality.
163
Sands (2016), p. 166.
164
Advisory Committee on Rakhine State, Towards a Peaceful, Fair and Prosperous Future for the People of Rakhine, Final Report (2017), pp. 29–31.
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