the financial resources nor the expertise required to present a claim to nationality to the
authorities of that State. Since no other State could plausibly argue for the individual, it
for doing so. Representation by an international agency would also sidestep the question
of whether or not an individual was a subject of international law. In addition, an agency
devoted to this work would eventually develop expertise on the issue that would be
useful not only for advising concerned individuals, but also for proposing ways of acquiring
an effective nationality and of reducing statelessness, in general.
In seeking to reduce the incidence of statelessness, the 1961 Convention requires that
signatory States adopt nationality legislation that reflects prescribed standards relating
to the acquisition or loss of nationality. Should disputes concerning the interpretation
or application of the Convention arise between Contracting States and they are not
resolved by other means, they can be submitted to the International Court of Justice at
the request of any one of the parties to the dispute.
The Final Act of the Convention includes a recommendation much like the one contained
in the Final Act of the 1954 Convention that encourages States Parties to extend the
provisions of the Convention to de facto stateless persons whenever possible.
“One day, I was standing between the borders, and could not get into
either country. It was the most unforgettable experience in my life!
I could not enter the State where I had been; also I couldn’t get into the
State where I was born, raised and lived! Where do I belong? I still
cannot forget the strong feeling of loss I experienced at the airport.”
Chen, who was formerly stateless
How does human rights law ensure the right to a nationality?
Various other international legal instruments address the right to a nationality. The
1957 Convention on the Nationality of Married Women echoes the Universal Declaration
of Human Rights by stipulating the right to a nationality and the right not to be deprived of
a nationality. It also seeks to promote “universal respect for, and observance of, human
rights and fundamental freedoms for all without discrimination as to sex.” The first three
Articles of the Convention contain specific provisions concerning a wife’s nationality:
Article 1 asserts that “neither the celebration nor the dissolution of a marriage
between one of its nationals and an alien, nor the change of nationality by the
husband during marriage, shall automatically affect the nationality of the wife.”
Article 2 states that “neither the voluntary acquisition of the nationality of
another State nor the renunciation of its nationality by one of its nationals
shall prevent the retention of its nationality by the wife of such national.”
Article 3, which is divided into two parts, states that “the alien wife of one of
[the Contracting State’s] nationals may, at her request, acquire the nationality
of her husband through specially privileged naturalization procedures” and
that “the grant of such nationality may be subject to such limitations as may be
imposed in the interests of national security or public policy.” It also stipulates
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