2021] NATIONALITY LAWS 113 connection with enforcement of the right to nationality under article V” as it might present an obstacle to states, such as Italy, “which endeavoured to assist former Italian nationals to reacquire Italian nationality.”126 In the final analysis, a joint amendment of Ghana, India, Kuwait, Lebanon, Mauritania, Morocco, Nigeria, Poland, and Senegal was proposed and adopted unanimously, almost without comment. The delegate of France said that the text submitted was entirely acceptable to his delegation and to that of the United States. The amendment clarified that the Convention would not apply to non-citizens or affect legislation on nationality, citizenship, or naturalization, provided that there was no discrimination against any particular nationality. 127 The only further mention of Articles 1(2) and 1(3) arose briefly during discussions on Article 5, where the delegate of India stated that “the word ‘everyone’ in the introductory part of that article might be regarded as including non-citizens as well as citizens,” but that in view of Article 1 “the word ‘everyone’ no longer presented difficulties for his delegation.” 128 While many scholars tend to follow Schwelb’s view that paragraph 3 of Article 1, as inserted by the Third Committee into the Convention, “appears, to a certain extent at least, to be a saving clause for maintaining disabilities of naturalised persons,” 129 a close reading of the drafting history suggests a more complex view. The twin concerns of state sovereignty and anti-colonialism reinforced each other and were absorbed and reflected into the broad terms of Article 1(3). Broadly, two key points are discernable from the complex drafting history of Article 1(3). First, the term and notion of “nationality” caused much confusion and anxiety among state representatives, who ultimately did not arrive at a settled definition. The word “nationality” therefore remains ambiguous for the purposes of treaty interpretation, and to a certain extent can and did refer to a person’s legal status as well as to his or her legal citizenship (as evinced by the concern for protecting the 126 U.N. ESCOR, Summary Record of the 786th Meeting, supra note 124, at 5. 127 U.N. HIGH COMM’R FOR HUM. R TS. THE RIGHTS OF NON-CITIZENS 9 (2006), https://www.ohchr.org/Documents/Publications/noncitizensen.pdf [https://perma.cc/A6YV-SMSY]. 128 U.N. GAOR, 20th Sess., 1309th mtg. at 105, U.N. Doc. A/C.3/SR/1309 (Oct. 19, 1965). 129 Schwelb, Elimination of All Forms of Racial Discrimination, supra note 100, at 1010.

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