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VONK ET AL.
Comparative Methodology: A Typology of Modes of Protection
against Statelessness
Individuals can be protected against statelessness in two ways. They can be
facilitated in the acquisition of a nationality and thereby become a national of
a particular country, and they can be protected by not losing a nationality that
is already held. Hence, in order to assess the extent to which states provide
sufficient protection against statelessness, we need to analyze the rules on
both acquisition and loss of citizenship. However, citizenship laws often use
different terms for similar rules. Comparing legal provisions on acquisition
and loss of citizenship therefore requires a standardization of terms and definitions. The typology of ‘modes of protection against statelessness’ is an analytical grid that outlines, in a systematic way, categories of persons that are at
risk of being or becoming stateless and outlines, with reference to the most
important international standards, the obligation of states under national law
on the acquisition and loss of citizenship.
The typology of modes of protection against statelessness follows the
logic of a more general typology on ‘modes of acquisition of citizenship’5
and ‘modes of loss of citizenship’6 as previously developed by EUDO
Citizenship.7 For each mode of protection against statelessness, the
typology defines a precise target group of persons at risk of being or becoming
stateless (see Table 1 below). By defining standardized target groups, the
typology allows us to compare rules applicable to similar at-risk groups
across countries.
5 M Vink, O Vonk and I Honohan (2013). EUDO CITIZENSHIP Database on Modes of
Acquisition of Citizenship in Europe. San Domenico di Fiesole: Robert Schuman Centre for
Advanced Studies, European University Institute, available at http://www.eudo-citizenship
.eu/databases/modes-of-acquisition (last accessed on 3 November 2013).
6 M Vink, O Vonk and I Honohan (2013). EUDO CITIZENSHIP Database on Modes of Loss of
Citizenship in Europe. San Domenico di Fiesole: Robert Schuman Centre for Advanced
Studies, European University Institute, available at http://www.eudo-citizenship.eu/
databases/modes-of-loss (last accessed on 3 November 2013).
7 The databases on acquisition and loss of citizenship have also been complemented by different comparative studies. See in particular the comparative EUDO Citizenship reports on
birthright citizenship and loss of citizenship by GR de Groot and M Vink, available at http://
eudo-citizenship.eu/publications/comparative-analyses, as well as De Groot’s ‘Survey on
Rules on Loss of Nationality in International Treaties and Case Law’. The latter paper was
prepared in the context of the ILEC (Involuntary Loss of European Citizenship) Project and
is available at http://www.ceps.eu/book/survey-rules-loss-nationality-international-treaties
-and-case-law (last accessed on 3 November 2013).
tilburg law review 19 (2014) 294-302