104 COLUM. J. RACE & L. [Vol. 11:83 beyond the scope of this paper, 91 but 1(2) does help to contextualize Article 1(3) and its place in the drafting history of the Convention. The distinction between citizens and noncitizens also underscores the importance of the right to nationality (as enshrined in Article 5(d)(iii), which applies without distinction to “everyone”) and, as shown below, simultaneously highlights the protection gap represented by Article 1(3). Secondary material on Article 1(3) has mostly either taken as an (unproblematic) given that Article 1(3) limits the applicability of Article 1(1) or produced only thin justifications for interpreting Article 1(3) narrowly, often focusing on the second clause of the Article (“provided that such provisions do not discriminate against any particular nationality”) and glossing over the first (“[n]othing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization”). 92 Further, few treatments to date have explored the apparent contradiction between Article 5(d)(iii) and Article 1(3). Natan Lerner writes that Articles 1(2) and 1(3) combine to mean that the Convention should not be taken as interfering “in the internal legislation of any State as far as differences in the rights of citizens and non-citizens are concerned, [nor as] pretend[ing] to affect substantive or procedural norms on citizenship and naturalization.” 93 Theodor Meron simply states that under Article 1(3) “nationality, citizenship or naturalization provisions of a particular state may not discriminate against any particular nationality.”94 In a reflection on racial discrimination as a major driver of denationalization and restrictive access to citizenship, James A. Goldston asserts that while Article 1(3) of ICERD “grants states discretion in applying race-based distinctions when it comes to citizenship rules,” the language of the Article also places limits on this discretion. 95 A recent report of the discrimination.”). Accord DAVID WEISSBRODT, THE HUMAN RIGHTS OF NONCITIZENS 48 (2011). 91 For further analysis, see Achiume, Governing Xenophobia, supra note 36, at 356–58. 92 ICERD, supra note 11, art.1(3). 93 NATAN LERNER, THE U.N. CONVENTION ON THE E LIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION 35 (1980) [hereinafter LERNER, U.N. CONVENTION]. 94 Meron, supra note 3, at 311. 95 James A. Goldston, Holes in the Rights Framework: Racial Discrimination, Citizenship, and the Rights of Noncitizens, 20 ETHICS & INT’L AFF. 321, 333 (2006).