statelessness.96 The UNHCR’s special role addressing statelessness has been acknowledged by domestic courts and its handbook on the subject is considered persuasive. 97 With statelessness now within its mandate, the UNHCR has been very active in attempting to eradicate statelessness, 98 including major efforts to prevent statelessness at birth in particular, and is currently in the midst of global action plan to eradicate statelessness.99 This action plan explicitly advises states to provide nationality to stateless children born in their territory.100 In addition to the action plan, the UNHCR has expressly recommended in an Executive Committee conclusion that states grant nationality to all children born in their territory where the child would otherwise be stateless.101 This conclusion has been endorsed by a number of states.102 Lastly, the ILC has also opined on several occasions that states should grant nationality to otherwise stateless children born in their territory. As noted above, the UNGA has authorized the ILC to study statelessness as a matter of concern. In pursuing tits studies of customary international law, the ILC has concluded on several instances that international law provides for a right to a nationality103 and recommended that children born stateless should receive the nationality of the birth state.104 The ILC proposed two alternative conventions for either the elimination of statelessness or mere reduction of statelessness.105 The ILC wisely concluded that statelessness was “undesirable”, but was not confident to conclude in the early 1950s that customary international law provides for nationality of the territorial state at birth. 106 However, in other areas, the ILC has acknowledged that stateless persons can be regarded as having a special link to the state where they are habitually resident.107 The ILC also proposed draft articles on the nationality of natural persons in relation to the succession of states, based on its analysis of customary international law.108 In that study, the ILC concluded that states must give a right of option to acquire the successor nationality to all current nationals as “persons concerned”.109 However, in the commentary, the ILC explained that “persons concerned” included not only nationals but also resident stateless persons.110 This obligation was linked to the larger duty to 96 See UNHCR, Exec. Comm. Concl. No. 106 (LVII) (2006), supra note 74; UN High Comm’r Refs., Exec. Comm. Concl. No. 112 (LXVII) (2016); UN High Comm’r Refs., Exec. Comm. Concl. No. 113 (LXVII) (2016). 97 See Pham v Sec’y St., at paras. 22-24. 98 See UNGA Res. 3274, supra note 74; 31/36, supra note 74; 50/152, supra note 66; 61/137 (2006); UN Sec’y-Gen., Arbitrary deprivation of nationality, supra note 5 at para. 27; UNHCR, Exec. Comm. Concl. 78 (XLVI); UNHCR, Exec. Comm. Concl. No. 106 (LVII), supra note 74; UNHCR, A Campaign to End Statelessness Launched on the 60th Anniversary of the 1954 Convention relating to the Status of Stateless Persons, UN Doc. A/HRC/28/72; UNHCR, Exec. Comm. of the High Comm’r’s Programme Standing Committee, 63rd mtg., Update on statelessness, UN Doc. EC/66/SC/CRP.11 (June 3, 2015); UNHCR, Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, UN Doc. HCR/GS/12/01 (Feb. 20, 2012) 99 See UNHCR, Global Action Plan to End Statelessness (Nov. 4, 2014) available at http://www.refworld.org/docid/545b47d64.html; UNHCR, Campaign Update, April 2016 (Apr. 2016) available at http://www.refworld.org/docid/571e23fb7.html. 100 See UNHCR, Global Action Plan to End Statelessness (Nov. 4, 2014), supra note 99 at para. 17 (Under Action 2, “One of the goals of the UNHCR Global Action Plan to End Statelessness, to be achieved by 2024, is that all States have a provision in their nationality laws to grant nationality to stateless children born in their territory.”) 101 See UNHCR, Exec. Comm. Concl. No. 106 (LVII) (2006), para. (i), supra note 74; Hum. Rts. Council, Gay McDougall, Report of the independent expert on minority issues, UN Doc. A/HRC/7/23, para. 85 (Feb. 28, 2008) 102 See UNHCR, Regional Rd Tbl on Statelessness in W. Afr., Banjul Appeal on Statelessness (Dec. 6, 2013) available at http://www.refworld.org/docid/52f9d6fe4.html (specifically recommending that states provide nationality to stateless children born in their territories notwithstanding accession status to the statelessness conventions) 103 See e.g. ILC, Draft Articles Nationality in relation to the Succession of States, supra note 73; Int’l L. Comm’n, Draft articles on the expulsion of aliens, art. 9. 104 See Int’l L. Comm’n, Draft Convention on the Elimination of Future Statelessness, art. 1, II YB INT’L L. COMM’N (1954); Int’l L. Comm’n, Draft Convention on the Reduction of Future Statelessness, II YB INT’L L. COMM’N (1954); ILC, Draft Articles Nationality in relation to the Succession of States, supra note 73 at art. 13. 105 See Int’l L. Comm’n, Draft Convention on the Elimination of Future Statelessness, art. 1, II YB INT’L L. COMM’N (1954); Int’l L. Comm’n, Draft Convention on the Reduction of Future Statelessness, II YB INT’L L. COMM’N (1954) 106 See Summary records of the fourth session, 4 June - 8 August 1952, I YB INT’L L. COMM’N (1952); Int’l L. Comm’n, Manley O. Hudson, Spec. Rapp., Report on Nationality, Including Statelessness, UN Doc. A/CN.4/50. 107 See Int’l L. Comm’n, Draft Articles on Diplomatic Protection, art. 8, II YB INT’L L. COMM’N 65, UN Doc. A/61/10. 108 See ILC, Draft Articles Nationality in relation to the Succession of States, supra note 73. 109 See id. at art. 26. 110 See id. at art. 2(f), cmty (5) 14 Electronic copy available at: https://ssrn.com/abstract=3091912

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