2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS” S875 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

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