ChaChapter 1: Nationality and Statelessness
requisite state when it interprets and applies this law.9
Moreover, in identifying whether a person or group
is stateless it is not relevant how the person came
to be without a nationality or whether the person
could (re)acquire the nationality of a state in future,
it only matters whether the person has a nationality
or not at the present moment.10 Finally, it should be
pointed out that in much of the available literature
on statelessness, people who fall within the definition
of a stateless person as set out under international
law have frequently been described as being de jure
stateless. A distinct concept, “de facto statelessness”,
has emerged as a label for a wide variety of situations
in which a person does hold a nationality but this
is, in some way, ineffective. There is, however, no
agreement as to the scope of this latter concept, nor is
there an international legal framework for addressing
cases of de facto statelessness. As such, it remains
a contested notion. This report deals exclusively with
statelessness as defined under international law and
as set out above.
Having dealt with the definition of the two concepts
which are central to this research project, namely
9 - UNHCR, Handbook on Protection of Stateless Persons, 2014 at page 12.
10 - Ibid, at page 20. On the other hand, the availability, for example, of a
procedure by which a person can easily (re)acquire nationality may have an
impact on the extent to which such a person is owed protection on the ground
of his or her statelessness by a third state.
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