Chapter 3 Eliminating the Causes of Statelessness Statelessness can result from a variety of circumstances. A few of the main causes of statelessness, and the practical steps States can take to avoid these circumstances, particularly when reviewing citizenship laws, are discussed below. Technical causes Conflict of laws Problems may arise when nationality legislation in one State conflicts with that of another State, leaving an individual without the nationality of either State. Both sets of laws may be properly drafted, but problems arise when they are implemented together. For example, State A, in which the individual was born, grants nationality by descent only (jus sanguinis), but the individual’s parents are nationals of State B. State B, on the other hand, grants nationality on the basis of place of birth only (jus soli), but the individual was born in State A. The individual is thus rendered stateless. To avoid these problems: • As set out in the 1930 Hague Convention, each State determines, under its own law, who its nationals are. This law, recognized by other States, must be consistent with international conventions, international custom, and the recognized principles of law applicable to questions of nationality. States should thus possess an updated collection of nationality laws and should understand their implementation in practice in order to resolve conflicts of law involving nationality. • The 1961 Convention on the Reduction of Statelessness asserts that nationality shall be granted: – at birth, by operation of law to a person born in the State’s territory; – by operation of law at a fixed age, to a person born in the State’s territory, subject to conditions of national law; – upon application, to a person born in the State’s territory (the application may be made subject to one or more of the following: a fixed period in which the application may be lodged, specified residency requirements, no criminal convictions of a prescribed nature, and/or that the person has always been stateless); – at birth, to a legitimate child whose mother has the nationality of the State in which the child is born; – by descent, should the individual be unable to acquire nationality of the Contracting State in whose territory he/she was born due to age or residency requirements (this may be subject to one or more of the following: a fixed period in which the application may be lodged, specified residency requirements, and/or that the person has always been stateless); 27