2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS” S867 States that had not acceded to the Hague Convention took it upon themselves to revise their nationality laws in accordance with the Hague Convention. 72 Altogether, the majority of States had yet to incorporate the provisions of the Committee’s model statute or the stipulations of the Hague Convention into their municipal laws by the start of World War II. 73 Instead, States including the Soviet Union, Turkey, and Italy implemented nationality-stripping decrees and legislation. 74 Ethnic minorities, and Jews in particular, were denationalized or denied nationality throughout Europe. 75 Though customary international law regarding States’ nationality practices did not crystallize—for want of “extensive” and generally uniform State practice supported by opinio juris 76—treaties concluded in response to World War I still altered the nature of States’ obligations to one another and to individuals within their jurisdiction. The promulgation of treaties regulating nationality reflected a stark break from pre-war practice. The growing support for regulation of nationality at the international level would be critical for the development of law in the post-World War II period. 1. What It Meant to Have a Nationality Nationality enabled States to “exercise the right of diplomatic protection on behalf of [an injured] person.” 77 The Committee 78 and the Draft Convention 79 suggested that nationality also bore on States’ ability to conscript and expel individuals. Relatedly, passport practice from the interwar period suggested that nationality bore on 72. Id. 73. Id. 74. VISHNIAK, supra note 38, at 21–23. 75. Id. at 19. 76. ANTONIO CASSESE, INTERNATIONAL LAW 157 (2d ed., 2005). 77. First Codification Conference: Schedules of Points Drawn up by the Preparatory Committee for Submission to the Governments, League of Nations Doc. C.44.M.21 1928 V (1928). This is further evident from the work done by the Committee and from the preliminary draft convention produced by the League Committee of Experts, which foregrounded diplomatic protection in its proposed Article 1. 78. Id. at 32. 79. Article 11 provides that individuals with multiple nationalities cannot be conscripted by one State of nationality if they reside in another State of nationality. Article 20 provides that States must allow their nationals, as well as their former nationals, if stateless, entry upon their expulsion or exclusion from the territory of another State. ZILBERSHATS, supra note 64, at 188–89 (reprinting the Draft Convention). Electronic copy available at: https://ssrn.com/abstract=2954729

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