Unit 2 [core unit] State sovereignty, nationality and statelessness Summary This unit concentrates on the relationship between State sovereignty, the regulation of nationality and questions of statelessness, thereby uncovering the origins of this phenomenon. Students discuss why the attribution of nationality by a State is such a fundamental aspect of Statebuilding. The basic freedom of States to grant and withdraw nationality according to their own rules and principles is explained, including the role of considerations of State sovereignty and self-determination in underlying this freedom. Students are reminded of the doctrines that have been developed by States for the attribution of nationality – jus soli, jus sanguinis and jus domicilii – and how different approaches to nationality may lead to statelessness. The possibility of loss, renunciation or deprivation of nationality is also introduced and students are shown how this may result in statelessness. The traditional perspective of international law on questions of nationality is discussed, with reference to the finding of the Permanent Court of International Justice in the Tunis and Morocco Nationality Decrees case. The right to a nationality, as recognized in the Universal Declaration of Human Rights and numerous other instruments, is also presented as is the 1984 judgement of the InterAmerican Court of Human Rights on proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica. Students are asked to contemplate the tension between the freedom of States to regulate nationality and the need to conclude international agreements in order to prevent statelessness. The 1930 Hague Convention on Certain Questions relating to the Conflict of Nationality Laws is introduced as a basis for discussing how common international standards could be shaped for the avoidance of statelessness while respecting State autonomy in nationality matters. Learning objectives how the existence of different doctrines •forExplain attributing nationality and the possibility of loss, the tension that exists between the freedom •of Appreciate States to regulate nationality and the need to avoid renunciation or deprivation of nationality may lead to statelessness. statelessness / ensure the right to a nationality. some basic rules that could be adopted •asFormulate common international standards to help avoid statelessness. Readings and information sources Key readings Hague Convention on Certain Questions relating to the Conflict of Nationality Laws. * 1930 http://www.unhcr.org/refworld/docid/3ae6b3b00.html Court of Human Rights, Advisory Opinion on Proposed Amendments to the Naturalization Provision of the * Inter-American Constitution of Costa Rica, OC-4/84, 19 January 1984. http://www.unhcr.org/refworld/docid/44e492b74.html Zagar, “Citizenship – Nationality: A proper balance between the interests of States and those of individuals” in * M. Proceedings of the Council of Europe’s First European Conference on Nationality, Strasbourg, 1999, from page 93. http://www.coe.int/t/e/legal_affairs/legal_co-operation/foreigners_and_citizens/nationality/conferences/Conference%201%20(1999)Proceedings.pdf Batchelor, “Transforming international legal principles into national law: the right to a nationality and the avoidance of * C. statelessness” in Refugee Survey Quarterly, Vol. 25, Issue 3, 2006. van Waas, Nationality Matters. Statelessness under International Law, chapter III, Section 2 on “International law and * L. the attribution of nationality”, Intersentia, 2008. Gibney, “Statelessness and the right to citizenship” in Forced Migration Review, Issue 32, April 2009. * M. http://www.fmreview.org/FMRpdfs/FMR32/FMR32.pdf 22 A Guide to Teaching on Statelessness