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BERKELEY JOURNAL OF INTERNATIONAL LAW
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renounced the protection of their nationality for valid reasons (de facto stateless
persons) the benefits of the Convention. 72
At the heart of the 1954 Statelessness Convention is the definition in Article
1(1), which embraces an essentialist and deductive approach to defining the term
"stateless person." Definitions are among the most basic concerns of international
law. 73 In language, definitions can either be essentialist or polythetic as well as
deductive or inductive. 74 Essentialist definitions identify the elements necessary
for something to be designated as such. 75 By contrast, polythetic definitions do
not require all things falling within a definition to have specific common elements. 76 In a famous illustration, philosopher Ludwig Wittgenstein explained that
the word "game" does not point to what all games have in common, but allows us
to identify things that bear "family resemblances." 77 Deductive definitions articulate a general concept with reference to certain criteria, which identify activities
associated with that concept. 78 The definition of statelessness is essentialist because it has two constituent elements that tell us when someone is stateless: (1)
"not considered as a national… under the operation of its law;" and (2) "by any
State." 79 The two elements must be present. It is deductive in that we refer to the
elements as criteria to know whether a person is stateless or not.
The State's vision of statelessness is the converse of citizenship, the latter
being understood in the traditional sense as the possession of the formal status of
membership of a political and legal entity. 80 If one is not formally a member of
the entity, then they are stateless. Thus, international law has adopted a dichotomous vision of citizenship in relation to statelessness: either one is a citizen or not
of any State.
States that ratified or acceded to the 1954 Statelessness Convention are parties to the treaty that accept this definition of statelessness. The treaty prohibits
72. Edwards & van Waas, supra note 30, at 291–92; Cordova argued that “de facto statelessness
is much worse than de jure statelessness not only quantitatively but also qualitatively.”
73. See, e.g., Ben Golder & Williams George, What is 'Terrorism'? Problems of Legal Definition, 27 U.N.S.W.L.J. 270 (2004); T. Jeremy Gunn, The Complexity of Religion and the Definition of
'Religion' in International Law, 16 HARV. HUM. RTS. J. 189, 194 (2003); Steven R. Ratner, Self Defense Against Terrorists: The Meaning of Armed Attack (Public Law And Legal Theory Working Paper Series, Working Paper No. 270, (2012)).
74. Gunn, supra note 73, at 194.
75. Id.
76. Id.
77. LUDWIG WITTGENSTEIN, PHILOSOPHICAL INVESTIGATIONS 15 (G. E. M. Anscombe trans.,
3rd ed. 1968).
78. Golder & George, supra note 73, at 273, 286 (as Golden and George explain, deductive and
inductive approaches may also be combined within a single definition).
79. UNHCR, HANDBOOK ON PROTECTION OF STATELESS PERSONS 11 (2014) [hereinafter
"UNHCR, HANDBOOK"].
80. See Richard Bellamy, Introduction: The Theories and Practices of Citizenship, in
CITIZENSHIP: CRITICAL CONCEPTS IN POLITICAL SCIENCE 1, 2 (Richard Bellamy & Madeleine Kennedy-Macfoy ed., 2014).