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protection, did the drafters reach a consensus.
Before the clarification on nationality, several State representatives proposed that nationality incorporated the exercise of political rights 162 or that individuals were entitled to “the right of citizenship.” 163 Such interpretations did not gain traction, and the drafters
never adopted the proposals. As noted by the South African representative, “the right to participate in government was not universal; it
was conditioned not only by nationality but also by qualifications of
franchise.” 164 Indeed, several of the State constitutions submitted by
and to the drafters suggested as much. 165
Accordingly, Manley Hudson, in his 1952 report for the International Law Commission, declared, “[a] person may be a national
of a State without having its citizenship.” 166 Peter Mutharika, noting
the distinction between nationality and municipal law citizenship, articulated that the right to participate in government “must, almost of
necessity, be restricted to citizens.” 167 Strikingly, Marc Vishniak,
writing for the American Jewish Committee, noted that the Nuremberg Laws, which declared German Jews subjects rather than citizens, did not render Jews stateless. 168
III. THE POST-COLD WAR PERIOD AND THE ASSERTED LAW OF
CITIZENSHIP
In 1995, the U.N. General Assembly adopted a resolution
granting UNHCR its current statelessness mandate. Two years later,
UNHCR published The State of the World’s Refugees: A Humanitar162. Comm’n on Human Rights, Draft Declaration on the International Rights and
Duties of Man formulated by the Inter-American Juridical Committee, U.N. Doc. E/CN.4/2
(Jan. 8, 1947); Comm’n on Human Rights, Second Session: Proposal for a Declaration of
Human Rights Submitted by the Representative of the United States on the Commission on
Human Rights, U.N. Doc. E/CN.4/36 (Nov. 26, 1947).
163. Comm’n on Human Rights, Summary of the Fourteenth Meeting, U.N. Doc.
E/CN.4/SR.14 (Feb. 5, 1947) (statement from Uruguayan representative Mora); Comm’n on
Human Rights, Documented Outline, U.N. Doc. E/CN.4/AC.1/3/Add.1 (June 11, 1947).
164. Comm’n on Human Rights, Ninetieth Meeting, supra note 135 (emphasis added).
165. Comm’n on Human Rights, Documented Outline, supra note 163 (comparing the
constitutions of different States for each enumerated right).
166. Hudson, supra note 69, at 6.
167. A. PETER MUTHARIKA, THE REGULATION
INTERNATIONAL AND NATIONAL LAW 134 (1989).
OF
STATELESSNESS
UNDER
168. VISHNIAK, supra note 38, at 25; but see WEIS, supra note 1, at 6, 29 (arguing that
the Nuremberg Laws deprived those of non-German ethnicity of the core elements of
nationality, such that these German “subjects” lacked a functional nationality).
Electronic copy available at: https://ssrn.com/abstract=2954729