Forthcoming in the Max Planck Yearbook of United Nations Law (27)
his conclusions, the Commission discussed two possible legal instruments to address
statelessness. One was a draft convention on the elimination of statelessness, which included
inter alia an unconditional right to acquire the nationality of the country where one was born,
if they would otherwise be stateless, and a peremptory prohibition on deprivation of nationality
leading to statelessness. The other was a convention on the reduction of future cases of
statelessness, which articulated some rules on the prevention of statelessness while expressly
recognizing that its total elimination was not possible. The latter also incorporated a qualified
obligation on states to grant nationality to individuals born stateless in their territory, as well
as some exceptions to the prohibition of nationality deprivation. The discussions that followed
during the ILC’s fifth session once again confirmed how divisive the topic was.60 Yet, in the
end, the Commission managed to amend and adopt the two draft conventions on first reading
and to submit them to the consideration of states, whose main concerns were the restrictions to
their discretion in this area and the conflicts between some of the draft provisions and their
legislations.61 The draft conventions would be further reviewed during the ILC’s sixth session,
later adopted, and finally submitted to the UNGA for further action in 1954.
Cordova would be elected to the ICJ in the following year, where he would later dwell
on some of these matters as a judge in the Nottebohm (Liechtenstein v Guatemala) case. His
proposed draft conventions, however, would continue to be discussed at the UNGA, which in
due course requested the Secretary-General to convene a conference on the elimination or
reduction of statelessness in 1959. In the end, states took the ILC Draft Convention on the
Reduction of Future Statelessness as a basis for their work since it focused on preventing and
reducing cases of statelessness at birth. Apart from the contrasting views on which criteria of
UN ILC, ‘Documents of the Fifth Session, Including the Report of the Commission to the General Assembly’
in Yearbook of the International Law Commission 1953, vol. II, UN Doc. A/CN. 4/8ER. A/1953/Add.1, at 170197 and 202–280.
61
UN ILC, ‘Documents of the Sixth Session, Including the Report of the Commission to the General Assembly’
in Yearbook of the International Law Commission 1954, vol. II, UN Doc. A/CN.4/SER.A/1954/Add.l, at 163–
173.
60
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Electronic copy available at: https://ssrn.com/abstract=4816199