and corresponding protections. This guidance is embodied in the UNHCR Handbook on the Protection of Stateless Persons (UNHCR Statelessness Handbook).24 In particular, Part One of the UNHCR Statelessness Handbook sets out the substantive legal considerations for determining statelessness. Specifically, the Article 1(1) definition is comprised of two constituent legal elements—“by any State” and “not considered as a national…under the operation of its law”—both of which must be examined to reach a determination. 1. Interpreting “by any State” When determining whether an individual is stateless under Article 1(1), it is often most practical to look first at the matter of “by any State,” as this will not only narrow the scope of inquiry to States with which an individual has relevant ties, but might also exclude from consideration at the outset entities that do not fulfill the concept of “State” under international law. Indeed, in some instances, consideration of this element alone will be decisive, such as where the only entity to which an individual has a relevant link is not a State. Accordingly, the first step is to determine which States need to be examined and what constitutes a “State.” Regarding the former, analysis should focus only on the States to which the individual has a “relevant link, in particular by birth on the territory, descent, marriage, adoption or habitual residence.”25 Regarding the latter, the analysis centers on whether the entity to which a person has links is, in fact, a “State.” Guidance for determining this can be found in the UNHCR Statelessness Handbook.26 There is no requirement of a “genuine” or an “effective” link implicit in the concept of a “national” in Article 1(1). Nationality, by its nature, reflects a linkage between the State and the individual, often on the basis of birth on the territory or descent from a national and this is often evident in the criteria for acquisition of nationality in most countries. However, a person can still be a “national” for the purposes of Article 1(1) despite not being born in or a habitual resident of the State of purported nationality. 2. Interpreting “Not considered as a national … under the operation of its law” Once the relevant State(s) is determined, the analysis turns to whether an individual is considered a national under the operation of that State’s law. This is a mixed question of fact and law.27 It requires careful examination not only of the letter of the law, but also of how that State applies its nationality laws in an individual’s case in practice. It further requires review of any official decisions that may have had an impact on the individual’s status.28 This approach may lead to a different conclusion than one derived from an analysis purely based on the letter of the law. This is because a State may not follow the formal letter of the law in practice and may even under certain circumstances ignore it. “The reference to ‘law’ in the definition of statelessness in Article 1(1) The content of this Handbook was first published in 2012 in the form of three UNHCR Guidelines concerned, respectively, with the definition of a stateless person, procedures for determination of statelessness, and the status of stateless persons under national law. In replacing these Guidelines, the Handbook replicates their content with only minimal changes, principally to address duplication and to update references to UNHCR publications. Minor gaps identified since publication of the Guidelines have also been addressed. 25 See UNHCR Statelessness Handbook, supra note 12, at ¶18. 26 See id. at ¶¶19-20. 27 Id. at ¶83. 28 Id. at ¶ 23. 24 7