IV. International legal framework
and OSCE commitments
International legal framework on the right to a
nationality
As part of their sovereign power, States set the rules for the acquisition,
change and loss of nationality. At the same time, the discretion of States
with regard to nationality is limited by obligations under the international
treaties to which they are party, customary international law and general
principles of law. The 1930 Hague Convention on certain questions relating to the conflict of nationality laws, adopted by the League of Nations,
represents the first attempt by the international community to ensure that
all persons have a nationality:
Article 1
It is for each State to determine under its own law who are its nationals.
This law shall be recognized by other States in so far as it is consistent with
international conventions, international custom, and the principles of law
generally recognized with regard to nationality.
In 1948, Article 15 of the Universal Declaration of Human Rights
laid down that,
Article 15
Everyone has the right to nationality. No one shall be arbitrarily deprived of
his nationality or denied the right to change his nationality.
The 1954 UN Convention relating to the Status of Stateless Persons is the cornerstone of the international protection regime for stateless
persons. This Convention is similar in many respects to the 1951 Convention relating to the Status of Refugees. The 1954 Convention was originally
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