Part I. Introduction and Context statelessness, this research provides another, not yet elaborately explored view on the concept of nationality or citizenship that adds to the existing body of knowledge, as its main focus is addressing the lack of nationality from a European perspective. With Europe being the cradle of modern conceptions of nationality, it also where statelessness originates from. At the same time, Europe has no explicit right to a nationality in its legal instruments, which makes for an interesting case study of how the issue has been addressed. 1.4. CONCEPTUAL FR AMEWORK In the above research questions and throughout this book, a number of central concepts are used. The below exploration offers a first look at these key concepts, explaining and defining them. 1.4.1. STATELESSNESS A stateless person has been defined in international law as “a person who is not considered as a national by any state under the operation of its law”.20 This definition is also considered to be part of international customary law.21 As this is a legal study of statelessness, this definition is also used in this research. The definition is not without its ambiguities. The phrase ‘not considered as a national … under the operation of its law’ could mean the factual refusal of recognizing a person as a national or a legal situation that denies a person recognition as a citizen.22 Further guidance on how to interpret the definition of statelessness in the Convention relating to the Status of Stateless Persons (1954 Convention) has been provided by UNHCR 23, which has a global mandate on statelessness.24 This Handbook provides interpretation of the terms ‘by any state’ and ‘not considered as a national … under the operation of its law’, and 20 21 22 23 24 10 Art 1(1) Convention relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force 6 June 1960) 360 UNTS 117 (1954 Convention). International Law Commission (ILC), ‘Draft Articles on Diplomatic Protection (with Commentaries)’ in UNGA, Supplement No. 10: Report of the International Law Commission, 58th Session (2006) A/61/10, 49. Cf ISI, The World’s Stateless (Wolf Legal Publishers 2014) 40–41 <https://www.institutesi.org/ worldsstateless.pdf> accessed 22 August 2021. UNHCR, ‘Handbook on the Protection of Stateless Persons under the 1954 Convention relating to the Status of Stateless Persons’ (Geneva, 2014) <www.unhcr.org/protection/statelessness/53b698ab9/ handbook-protection-stateless-persons.html> accessed 2 August 2021. UNHCR was given a specific mandate on stateless by the United Nations General Assembly (UNGA). See UNGA Res 428 (Fift h Session, 14 December 1950) 46, UNGA Res 50/152 (1995) A/RES/50/152, UNGA Res 61/137 (2006) A/RES/61/137. See also Mark Manly, ‘UNHCR’s Mandate and Activities to Address Statelessness’ in Alice Edwards & Laura van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press 2014) 88–115. See also para 1.5.1 (under the header ‘Refugees and the stateless’) of this chapter. Intersentia