Dominicans of Haitian descent remain excluded from recognition of Dominican nationality.215
There is nonetheless a strong argument for the positive impact of the litigation overall.216 And
the judgment has had transnational normative impacts, cited not only by subsequent decisions
of the IACtHR, but also by national courts in the Americas217 and by the African and UN human
rights treaty bodies.218
In the current international context, the normative gains that this litigation has helped to
advance, including as the basis for codification in soft law and treaties, seem ever more fragile.
States continue to carry out egregious campaigns of mass denationalisation, apparently with
impunity.219 The second term of Donald Trump as US president has hyper-charged this
tendency, including through a purported effort to end the constitutional right to citizenship
based on birth in US territory.220 Nevertheless, if human rights lawyers continue to show
deference to the position that ‘international law treats citizenship as a state’s prerogative, except
where it leads to statelessness’,221 they are aligning themselves with what is now a quite
conservative position; even if they go on to assert further desirable constraints around due
process and discrimination. The moves towards establishing Nottebohm’s ‘social fact of
attachment’ as a sufficient connection to require nationality to be recognised or granted,
combine with more detailed guidelines on the procedural meaning of ‘arbitrary deprivation’,
the increasing disapproval of both direct and indirect discrimination in nationality matters, the
strengthened obligations in relation to the prevention of statelessness, and the expanded
interpretation of the definition of ‘stateless person’ to create new legal baselines for expected
State behaviour. Emphasis should be given to the road that has already been travelled towards
Peter Spiro’s ‘new international law of citizenship’ rather than only regretting the distance still
to go, lest it becomes harder to reach the destination. At least some of the holes in the rights
framework have been filled, even as the work of patching up the gaps remains a constant—and
ever more urgent—task.
Acknowledgments. The first draft of this article was written as a Jean Monnet Fellow at the
European University Institute (EUI) for the academic year 2022–2023; it draws on an evaluation
215
Amnesty International, ‘“Without Papers, I Am No One”: Stateless People in the Dominican Republic’ (2015);
AJ Petrozziello, ‘Bringing the Border to Baby: Birth Registration as Bordering Practice for Migrant Women’s
Children’ (2019) 27 Gender & Development 31; AJ Petrozziello, ‘Street-Level Bureaucrats Manufacturing
Migrants: An Implementation Study of Policy Measures to Address Statelessness in the Dominican Republic’
(2025) 59 Social Policy & Administration 666.
216
B Wooding, ‘Supra-National Jurisprudence: Necessary but Insufficient to Contest Statelessness in the
Dominican Republic’ in T Bloom and LN Kingston (eds), Statelessness, Governance, and the Problem of
Citizenship (Manchester University Press 2021); Bingham and Gamboa (n 200) 147–49.
217
e.g. Sentencia T-006/20 (Constitutional Court of Colombia).
218
Kenyan Nubian Children’s Case (n 46); ACJPS & PLACE v Sudan (n 48); DZ v the Netherlands (n 59); Faslliu
v Albania (n 70).
219
e.g. Bahrain, Kuwait and Nicaragua: Institute on Statelessness and Inclusion, Salam for Democracy and Human
Rights and Hawiati MENA Statelessness Network, ‘Arbitrary Revocation of Nationality in Bahrain: A Tool of
Oppression’ (2021); HuMENA for Human Rights and Civic Engagement et al, ‘Kuwaiti Government Must End
Campaign of Mass Citizenship Stripping and Repeal Recent Amendments to Nationality Law’ (Minority Rights
Group, 12 February 2025) <https://minorityrights.org/kuwait-citizenship-stripping/>; E Fripp, ‘The Resurgence
of Large-Scale Deprivation of Nationality: The Case of Kuwait’ (Opinio Juris, 21 October 2025)
<https://opiniojuris.org/2025/10/21/the-resurgence-of-large-scale-deprivation-of-nationality-the-case-ofkuwait/>; Human Rights Council, ‘Report of the Group of Human Rights Experts on Nicaragua’ (26 May 2025)
UN Doc A/HRC/58/26.
220
Brennan Center for Justice, ‘Birthright Citizenship under the U.S. Constitution’ (December 2025); M Stewart,
‘Birthright Citizenship, Denaturalization, and the Specter of Statelessness’ (2026) 73 UCLA Law Review
Discourse 170.
221
A Teffera, ‘German Proposal to Strip Citizenship Endangers Human Rights: Scrap Proposal to Remove German
Citizenship
from
Dual
Citizens’
(Human
Rights
Watch,
3
April
2025)
<https://www.hrw.org/news/2025/04/03/german-proposal-strip-citizenship-endangers-human-rights>.