108 COLUM. J. RACE & L. [Vol. 11:83 A. The Drafting History of Article 1(3) of ICERD As well as disclosing a perennial tension between racial non-discrimination and state discretion in the regulation of nationality (and perhaps, too, a lingering bastion of that discretion), a close reading of the drafting history of Article 1(3) reveals that while the Article 1(3) reflects a concern with state sovereignty, it equally reflects an immediate concern with colonialism (or anti-colonialism). As Patrick Thornberry notes, “[f]or many delegates, colonialism was the great racial evil.”105 Undergirded by similar logic, the twin concerns of anticolonialism and state sovereignty (what might be described as the unconstrained power to define the boundaries of membership) 106 meant that many states—both developing and developed—could conjoin and concur around the broad language of Article 1(3). As demonstrated above, Article 1(1) defines racial discrimination as: any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.107 As Kevin Boyle and Anneliese Baldaccini write: While the words “colour,” “descent,” and “ethnic origin” did not represent major difficulties, a serious problem arose with regard to the term “national origin” due to it being widely used as relating to nationality or citizenship. To avoid any misinterpretation, paragraphs 2 and 3 were added to Article 1 excluding distinctions between 105 THORNBERRY, supra note 2, at 1. See also Rüdiger Wolfrum, The Committee on the Elimination of Racial Discrimination, 3 MAX PLANCK Y.B. U.N. L. 489 (1999) (noting that the drafting of the preamble to the Convention reflected a sensitivity to the challenge and practice of colonialism and other issues); David Keane & Annapurna Waughray, Introduction, in FIFTY YEARS OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: A LIVING INSTRUMENT 4–5 (David Kaene & Annapurna Waughray eds., 2014). 106 See Spiro, supra note 3, at 744. 107 ICERD, supra note 11, art. 1(1).