230 Nylund political rights on a local but not an international scale.39 In other words, Puerto Rican citizenship is not citizenship with a recognized international status.40 This is because, as is uncontested, Puerto Rico does not exist as a state under international law.41 The independentistas’ renunciation of US citizenship could not de facto create a new, internationally recognized and independent citizenship with respect to a US territory. 4.1 Statelessness in Puerto Rico? Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons provides a definition of (de jure) statelessness which is accepted as part of customary international law:42 a stateless person is one ‘who is not considered as a national by any state under the operation of its law’.43 Although statelessness usually arises out of other human rights violations,44 the United Nations High Commissioner for Refugees (UNHCR) Expert Meeting noted that this definition of statelessness refers to a factual situation, not to the manner in which a person became stateless. Voluntary renunciation of nationality does not preclude an 39 40 41 42 43 44 See Huot Calderón (n 11) 345; Pedro Rossello, Department of Justice of Puerto Rico Consulta No 1996-1 (1996). Huot Calderón (n 11) 338, Rossello (n 39). ‘The Concept of Stateless Persons under International Law: Summary Conclusions’ (United Nations High Commissioner for Refugees Expert Meeting, Prato, Italy, 2010). ‘The meaning of ‘State’ should be based on the criteria generally considered necessary for a State to exist in international law. As such, relevant factors are those found in the Montevideo Convention on Rights and Duties of States (permanent population, defined territory, government and capacity to enter into relations with other States) coupled with other considerations that have subsequently emerged (effectiveness of the entity in question, right of self-determination and the consent of the State which previously exercised control over the territory in question). Whether or not an entity has been recognised as a State by other States is indicative (rather than determinative) of whether it has achieved statehood.’, paras 23-24. UNHCR Expert Meeting (n 41) para 2, citing the International Law Commission. Convention Relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force 6 June 1960) 360 UNTS 117 (1954 Convention) art 1(1) (emphasis added). Article 1(1) does not address whether the individual has a nationality that is effective (a concept often discussed in relation to de facto statelessness), but whether or not the individual has a nationality at all. In other words, ‘Article 1(1) does not require a ‘genuine and effective link’ with the State of nationality in order for a person to be considered as a ‘national.’ UNHCR Expert Meeting (n 41) para 10. Weissbrodt and Collins (n 7) 248. tilburg law review 19 (2014) 223-235