dated 21 August, 2014, to provide further clarification and to legalize his
stay, failing which he would be expelled, but he failed to subject himself to
the said formalities.
73.The Court notes that before the Ofp,,""rfs nationality was withdrawn by
the Respondent State, he was considered aTanzanian national, with allthe
rights and duties associated with his nationality (See infra 80-81).
74.|t is important to state here that the conferring of nationality to any person is
the sovereign act of States.
75.The question here is for the Court to determine whether the withdrawal of
the Applicant's nationality was arbitrary or whether it conformed
with
international human rights standards.
76.The Court notes that neither the Charter nor the ICCPR contains an Article
that deals specifically with the right to nationality. However, the Universal
Declaration
of Human Rights which is recognized as forming part of
Customary lnternational Laws provides under Articte 15 thereof that: "1.
Everyone has the right to
a
nationality. (2) No one shall be arbitrarily
deprived of his nationality..."
77.|n international law, it is recognized that the granting of nationality falls
within the ambit of the sovereignty of States6 and, consequently, each State
determines the conditions for attribution of nationality.
78. However, the power to deprive a person of his or her nationality has to be
exercised in accordance with international standards, to avoid the risk of
statelessness.
5
See Case Conceming lJnited States Diplomatic and Consular Staff in Tehran (United Sfafes v /ran) [1980] ICJ
page 3, Collection 1980. See also Mafter of South-West Africa (Ethiopia v. South Africa; Liberia v. South Africa)
(Preliminary Objections) (Bustamente, Judge, separate opinion), lCJ, Collection 1962 page 319, as well as
Section 9(f)of the Constitution of the United Republic of Tanzania, 1977.
u
e
lCJ, Noftebohm Case, (Liechtenstein v. Guatemala) Judgment 6 avril 1955, page
L7
&
I
(