Part I. Introduction and Context
Even though the 1936 and 1938 instruments still did not make a real distinction
between refugees and stateless people in terms of the protection they could claim, the
latter document contained “one of the first explicit references to stateless people in an
international instrument”.366
With stateless refugees still existing today, the development of the international
refugee regime after World War I remains a defining moment for the protection of
stateless and refugees. The legal protection system that was created had its shortcomings,
for instance because protection only applied to specific groups of refugees, but it was
important because “refugees became defined as a special category of international
migrant”.367 Also, the fact that institutions were created which could act on behalf of
refugees on the international plane was innovative and would turn out to be relevant to
the protection of the stateless later.
One more legal instrument should be highlighted when considering responses to
statelessness after World War I: the 1930 Hague Convention.368 The relevant content
of this instrument was already discussed shortly in paragraph 1.5.1. In the context of
the LoN, it had been found that it would be desirable and possible to attempt to come
to international agreement on conflict of nationality laws, a conference to codify
international rules on nationality matters was convened.369
“[L]egal experts at the League identified international codification as a more limited
way of addressing the growing numbers of petitions they received from people who
claimed to be stateless since the war. They identified the problem of statelessness within
the domain of the confl ict of laws and avoided addressing it as a wider international or
humanitarian crisis resulting from mass denationalization or exclusionary national
legislation. Infringing on nationality law would directly threaten the delicate boundary the
League had created between new forms of international authority and the sovereign right
if states.”370
The 1930 Hague Convention and three protocols371 were the result of this conference.
Of the three protocols, two concerned statelessness. One related to a specific case of
statelessness among children and provided that when nationality was not acquired
based on birth in the territory, a person born in its territory of a mother possessing the
nationality of that state and of a father without nationality or of unknown nationality
366
367
368
369
370
371
68
Michelle Foster & Hélène Lambert, International Refugee Law and the Protection of Stateless Persons
(Oxford University Press 2019) 23.
Claudena M Skran, Refugees in Inter-War Europe. The Emergence of a Regime (Clarendon Press
1995)144–145.
1930 Hague Convention.
United Nations, ‘Documents on the Development and Codification of International Law’, Supplement
to (1947) 41(4) American Journal of International Law <http://legal.un.org/ilc/documentation/english/
ASIL_1947_study.pdf> accessed 19 September 2021.
Mira L Siegelberg, Statelessness. A Modern History (Harvard University Press 2020) 131.
Special Protocol concerning Statelessness, Protocol relating to a Certain Case of Statelessness,
Protocol relating to Military Obligations in Certain Cases of Double Nationality.
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