4-7 7. The 1954 Convention establishes the universal definition of a “stateless person” in its Article 1(1). Persons who fall within the scope of Article 1(1) are sometimes referred to as “de jure” stateless persons even though that term is not used in the Convention itself. By contrast, reference is made in the Final Act of the 1961 Convention to “de facto” stateless persons and there is an implicit reference in the Final Act of the 1954 Convention.3 Unlike the term “stateless person” as defined in Article 1(1), the term de facto statelessness is not defined in any international instrument and there is no treaty regime specific to this category of persons (the reference in the Final Act of the 1961 Convention being limited and non-binding in nature).4 Care must be taken that those who qualify as “stateless persons” under Article 1(1) of the 1954 Convention are recognised as such and not mistakenly referred to as de facto stateless persons as otherwise they may fail to receive the protection guaranteed under the 1954 Convention. This Handbook addresses a range of issues concerning the identification and protection of stateless persons as defined in Article 1(1) of the Convention, yet avoids qualifying them as de jure stateless persons as that term appears nowhere in the treaty itself. 3 Paragraph 3 of the 1954 Convention’s Final Act was drafted specifically to address the position of the de facto stateless. This recommendation requests that the benefits of the Convention be extended to individuals whom States consider to have had valid reasons for renouncing the protection of their State of nationality. As for the Final Act of the 1961 Convention, whilst not defining de facto statelessness, it sets out a recommendation that such persons benefit from the provisions in the 1961 Convention so as to obtain an “effective nationality”. 4 On de facto statelessness please see, for example, Section II.A. of UNHCR, Expert Meeting The Concept of Stateless Persons under International Law (“Prato Conclusions”), May 2010, http://www.refworld.org/docid/4ca1ae002.html : (1) De facto statelessness has traditionally been linked to the notion of effective nationality and some participants were of the view that a person’s nationality could be ineffective inside as well as outside of his or her country of nationality. Accordingly, a person could be de facto stateless even if inside his or her country of nationality. However, there was broad support from other participants for the approach set out in the discussion paper prepared for the meeting which defines a de facto stateless person on the basis of one the principal functions of nationality in international law, the provision of protection by a State to its nationals abroad. (2) The definition is as follows: de facto stateless persons are persons outside the country of their nationality who are unable or, for valid reasons, are unwilling to avail themselves of the protection of that country. Protection in this sense refers to the right of diplomatic protection exercised by a State of nationality in order to remedy an internationally wrongful act against one of its nationals, as well as diplomatic and consular protection and assistance generally, including in relation to return to the State of nationality. INTRODUCTION D. S  TATELESSNESS AND DE FACTO STATELESSNESS 5