38.2 (7) TEMPROSA.DOCX38.2 (7) TEMPROSA.DOCX (DO NOT DELETE) 278 BERKELEY JOURNAL OF INTERNATIONAL LAW 1/16/2021 12:59 PM [Vol. 38:2 decided on an abstract definition that considers only formal links to nationality.242 As UNHCR explained in its guidance to States, the word "national" in the 1954 Statelessness Convention only reflects "a formal link, of a political and legal character, between the individual and a particular State." 243 Once the link is determined to exist, thin, brittle, and anxious as the link is, the determining State willingly chooses not to inquire and is prevented from inquiring into the nature of the protection that such link accords the individual. 244 States rely on this formalistic definition in making statelessness determinations, instead of individually looking into whether the individual is able to exercise the rights associated with citizenship because they are a citizen of at least one State in the world. AS (Guinea) exemplifies that States merely ascertain the existence (or absence) of a legal bond in statelessness determinations. 245 The case maintains that determinations are about de jure statelessness. 246 When the applicant argued in AS (Guinea) that the 1954 Statelessness Convention "must be interpreted in light of its human rights and humanitarian objectives," 247 Lord Kitchin distinguished the nature of the issue to an application for refugee status. 248 Lord Kitchen reasoned that, unlike a refugee, stateless persons could gather evidence at no risk to themselves, 249 implying that they could themselves also secure rights protection on their own if they wanted to. In this framework, the protection of the applicant's human rights becomes irrelevant and is not investigated. Formalism also manifests in the so-called presumption against statelessness. 250 Many States impliedly assume citizenship so that a person does not become an alien in their own country. 251 If citizenship is presumed, then there would be no need to inquire into whether the individual is able to exercise rights tied to citizenship to account for the presence of citizenship. States just assume the formal presence of citizenship based on the facts and no longer look for its manifestations. For example, relying on a presumption of citizenship, the Philippine Supreme Court upheld a political candidate's natural-born Filipino 242. Per this definition, nationality refers only to the formal link to a State and not the quality of citizenship protection. Cf. Nottebohm Case, supra note 114, at 23 (requiring a genuine link as a test in cases of citizenship determination). 243. UNHCR, HANDBOOK, supra note 79, at 21. 244. See, e.g. AS (Guinea), supra note 239. 245. Id, ¶¶ 45–46. 246. Id. 247. Id. 248. Id. ¶ 46. 249. Id. 250. See Brownlie, supra note 44. 251. See, e.g., Kenya Citizenship and Immigration Act (2011) Cap. 9 (Kenya); The Citizenship of Zambia Act No. 33, Cap. 16 (2016) § 5–6 (Zam.).