2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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tionality to a particular stateless person. 124 Other scholars have argued that a prohibition on arbitrary deprivation of nationality crystallized as a function of the widespread adoption of the aforementioned
treaties. 125
1. What It Meant to Have a Nationality
The ICJ’s Nottebohm judgment declared that nationality was
a bond, predicated on a “genuine connection” between a State and an
individual, giving rise to “reciprocal rights and duties.” 126 The clearest understanding of those post-World War II rights and duties can be
gleaned through analysis of the UDHR’s travaux préparatoires. 127
The drafters’ decision to include, in Article 15, a single line on the
right to a nationality was neither easy nor uncontroversial. Though
the right was initially written into the Draft Outline of the International Bill of Rights, 128 the right was debated 129 and removed 130 before the final reinsertion of its seven simple-but-vague words—
124. Václav Mikulka (Special Rapporteur), Third Rep. on Nationality in Relation to the
Succession of States, 36–37 n.72, U.N. Doc. A/CN.4/480 (Feb. 27, 1997) (citing Rezek).
125. RICHARD PLENDER, INTERNATIONAL MIGRATION LAW 149 (2d ed., 1988); WEIS,
supra note 1, at 125.
126. Nottebohm, 1955 I.C.J. at 23.
127. Of the available travaux préparatoires, that of the UDHR has the longest and most
thorough discussion of the implications of nationality. The travaux préparatoires for the
Statelessness Conventions are not yet compiled. The travaux préparatoires for the Refugee
Convention include a discussion on the distinction between refugees and stateless persons
but do not delve into the implications of nationality; during the first meetings of the drafting
conference for the Refugee Convention, the State representatives decided to refer matters
pertaining to statelessness to a separate conference. See ALEX TAKKENBERG & CHRISTOPHER
C. TAHBAZ, THE COLLECTED TRAVAUX PREPARATOIRES OF THE 1951 GENEVA CONVENTION
RELATING TO THE STATUS OF REFUGEES, VOL. III 1, n.1 (1989). The travaux préparatoires
for the ICCPR, which at Article 24 ensures children’s right to a nationality, include a
discussion challenging the decision to limit protection of the right to children, rather than to
all people. There evidently was no discussion seeking to elucidate the meaning of the right
to a nationality. See generally MARC BOSSUYT, GUIDE TO THE “TRAVAUX PRÉPARATOIRES” OF
THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 463–68 (1987).
128. Comm’n on Human Rights, Draft Outline of International Bill of Rights art. 32,
U.N. Doc. E/CN.4/AC.1/3 (June 4, 1947).
129. Comm’n on Human Rights, Third Session: Comments from Governments on the
Draft International Declaration on Human Rights, Draft International Covenant on Human
Rights and the Question of Implementation, U.N. Doc. E/CN.4/82/Rev.1 (Apr. 22, 1948);
Comm’n on Human Rights, Second Session: Summary Record of the Thirty-Sixth Meeting,
U.N. Doc. E/CN.4/AC.1/SR.36 (May 19, 1948).
130. Comm’n on Human Rights, Summary Record of the Fifty-Ninth Meeting, U.N.
Doc. E/CN.4/SR.59 (June 10, 1948).
Electronic copy available at: https://ssrn.com/abstract=2954729