On resolving disputes (Article 14)
Disputes between Contracting States concerning the interpretation or application
of the Convention that have not been resolved by other means shall be submitted
to the International Court of Justice at the request of any one of the parties to the
dispute.
Final Act
The Final Act recommends that persons who are stateless de facto should, as far
as possible, be treated as de jure stateless to enable them to acquire an effective
nationality.
Technical causes
Conflict of laws
Problems may arise when nationality legislation in one State conflicts with that of another
State, leaving an individual without the nationality of either State. Both sets of laws
may be properly drafted, but problems arise when they are implemented together. For
example, State A, in which the individual was born, grants nationality by descent only
(jus sanguinis), but the individual’s parents are nationals of State B. State B, on the other
hand, grants nationality on the basis of place of birth (jus soli) and, under its nationality
law, children born to a national abroad do not acquire nationality in all circumstances. The
individual is thus rendered stateless.
To avoid these problems:
•
As set out in the 1930 Hague Convention, each State determines, under its own
law, who its nationals are. This law, recognized by other States, must be consistent
with international conventions, international custom, and the recognized principles
of law applicable to questions of nationality. States therefore need to consult an
updated collection of nationality laws and should understand their implementation in
practice in order to resolve conflicts of law involving nationality. UNHCR maintains
a collection of nationality laws at http://www.refworld.org/statelessness.html.
•
The 1961 Convention provides that nationality shall be granted:
–– at birth, by operation of law to a person born in the State’s territory;
–– by operation of law at a fixed age, to a person born in the State’s territory,
subject to conditions of national law;
–– upon application, to a person born in the State’s territory (the application may
be made subject to one or more of the following: a fixed period in which the
application may be lodged, specified residency requirements, no criminal
convictions of a prescribed nature, and/or that the person has always been
stateless);
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