Beyond International Law
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stateless people worldwide,1 many of which are children. The institution of
citizenship provides the mechanism by which citizens derive their rights and
obligations vis-à-vis the authority granting citizenship. The nature of such
rights and obligations vary from state to state, reflecting particular cultural,
historical, and political influences. However, Member States of the UN are
all bound to basic notions of human rights as enshrined in the Universal
Declaration of Human Rights and the International Covenants on Human
Rights. Regardless, non-citizens of host states often enjoy substantially fewer
rights than those of citizens, while stateless individuals fare even worse. In the
case of children, the legal uncertainty associated with statelessness is complicated by children’s lack of legal capacity.
There is an ever-growing body of academic literature regarding international human rights and stateless persons. Likewise, a proliferation of international treaties, covenants, agreements, and other commitments by states to
combat the problem of statelessness address the plight of stateless individuals.
Yet, the number of stateless children continues to grow. By recognising the limits of international law, this paper identifies the opportunity for multinational
corporations to commit to policies and actions to ensure that they and their
partners in their supply chains help eradicate the causes of statelessness
within their spheres of influence.
2
Background
2.1
Legal Framework
Article 1(1) of the 1954 United Nations Convention relating to the Status of
Stateless Persons defines ‘stateless person’ as one ‘who is not considered a
national by any State under the operation of its law.’2 A range of international
treaties and agreements establish the minimum legal standards to which all
persons should be entitled, including the Universal Declaration of Human
Rights;3 the International Covenant on Civil and Political Rights;4 the
1 UNHCR, ‘Stateless People: Searching for Citizenship’<www.unhcr.org/pages/49c3646c155
.html> accessed 14 September 2013.
2 UN General Assembly, Convention Relating to the Status of Stateless Persons, 28 September
1954, United Nations, Treaty Series, vol. 360, p. 117.
3 Universal Declaration of Human Rights, G.A. Res. 217A(III), U.N. GOAR, 3d sess., Supp. No. 13,
U.N. Doc. A/810 (1948).
4 International Covenant on Civil and Political Rights, G.A. Res. 2200A (XXI), U.N. GAOR, Supp.
No. 16, at 52, U.N. Doc. A/6316 (1966).
tilburg law review 19 (2014) 64-73