Part I. Introduction and Context “[N]ationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual upon whom it is conferred, either directly by the law or as the result of an act of the authorities, is in fact more closely connected with the population of the [s]tate conferring nationality than with that of any other [s]tate.”42 Turning to the European level, the European Convention on Nationality (ECN)43 defines nationality in Article 2: “[N]ationality means the legal bond between a person and a [s]tate and does not indicate a person’s ethnic origin (…).” Citizenship, on the other hand, has not been defined separately in a legal document or instrument. Whereas nationality really stresses the international, legal side to being a member of a state – belonging to a particular country, citizenship sometimes emphasizes the meaning of this membership at the national level. A definition that demonstrates that the two concepts are the same, but indeed highlights different aspects of nationality or citizenship is the following: “Conceptually and linguistically, the terms ‘nationality’ and ‘citizenship’ emphasize two different aspects of the same notion: [s]tate membership. ‘Nationality’ stresses the international, ‘citizenship’ the national, municipal, aspect.”44 In this research, the concepts ‘nationality’ and ‘citizenship’ are used interchangeably. This choice has been made in light of the close link between the two concepts and because of the fact that this research looks for ways to prevent and solve statelessness. As such, the ‘label’ used is secondary to addressing statelessness. Indeed, it has been held that “[f]rom a rights perspective, the label is less important than the ability to exercise rights”.45 Therefore, nationality and citizenship are today considered to be concepts that are interchangeable from a legal perspective by different scholars46, even though it has been held that they articulate different things: nationality represents the legal bond between a person and a state, whereas citizenship stresses the reciprocal relationship between state and citizen – to be a member of a polity.47 Nonetheless, in essence, they are two sides of the same coin. 42 43 44 45 46 47 16 Nottebohm Case (Liechtenstein v Guatemala) [1955] ICJ Rep 4. European Convention on Nationality (Strasbourg, 1997, CETS No. 166) (ECN). Paul Weis, Nationality and Statelessness in International Law (2nd ed, Sijthoff & Noordhoff International Publishers 1979) 4–5. Alice Edwards, ‘The Meaning of Nationality in International Law in an Era of Human Rights: Procedural and Substantive Aspects’ in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press 2014) 14. Peter Spiro, ‘A New International Law of Citizenship’ (2011) 105 The American Journal of International Law 694; Alice Edwards, ‘The Meaning of Nationality in International Law in an Era of Human Rights: Procedural and Substantive Aspects’ in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press 2014). Cf Ernst Hirsch Ballin, Citizens’ Rights and the Right to be a Citizen (Developments in International Law vol 66, Brill Nijhoff 2014). Intersentia