Conflict of Nationality Laws, the general principles embodied in the Convention have
been substantively incorporated into nationality legislation and practice in many States,
including Japan.65
(4) Statelessness in International Human Rights Discourse
Since the Hague Convention on Certain Questions Relating to the Conflict of
Nationality Laws, the trend in international law has increasingly leaned towards the
reduction of statelessness. In this context, the problem of nationality not only concerns
interstate relations but also human rights. In 1984, the Inter-American Court of Human
Rights clearly expressed this view in its advisory opinion on whether Amendments to
the Naturalization Provisions of the Constitution of Costa Rica was compatible with the
Inter-American Convention.66
Nationality is an inherent right of all human beings. Not only is nationality the
basic requirement for the exercise of political rights, it also has an important
bearing on the individual's legal capacity. Thus, despite the fact that it is
traditionally accepted that the conferral and regulation of nationality are matters
for each state to decide, contemporary developments indicate that international
law does impose certain limits on the broad powers enjoyed by the states in that
area, and that the manner in which states regulate matters bearing on nationality
cannot today be deemed within their sole jurisdiction; those powers of the state are
also circumscribed by their obligations to ensure the full protection of human
rights. The classical doctrinal position, which viewed nationality as an attribute
granted by the state to its subjects, has gradually evolved to the point that
nationality is today perceived as involving the jurisdiction of the state as well as
human rights issues.
The 1948 Universal Declaration of Human Rights served as the starting point for this
development in international law. Article 15 declares, “Everyone has the right to a
nationality.” It also calls attention the plight of the Jews, adding, “[n]o one shall be
arbitrarily deprived of his nationality nor denied the right to change his nationality.”
Most human rights agreements hereafter have provisions that refer to nationality as a
right.
65
Information and Accession Package, supra note 17, para. 32.
Inter-American Court of Human Rights, Re Amendment to the Naturalization Provisions of the
Constitution of Costa Rica, Advisory Opinion of 19 January 1984, OC-4/84, paras. 32-35.
66
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