194. Furthermore, under the 1933 Montevideo Convention on the Rights and Duties of States, States have committed to respect the sovereign equality of all States as well as their territorial integrity. These principles were expanded upon in the Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States and were held to comprehend, amongst others, the right to “sovereignty, political independence, territorial integrity, national unity and security of all States .332 The act of deprivation of nationality “inevitably impinges on another jurisdiction . 333 By stripping an individual of his or her nationality for the stated reason of national security and subsequently expelling them to another State, the expelling State is not only exporting a security risk to another country, it is thereby also violating that state’s sovereignty and territorial integrity. Should the individual deprived of their nationality already be in the foreign territory, a relationship between the two States is created under which the depriving State has a similar duty not to impinge upon the other’s State sovereignty by frustrating its ability to expel an alien who entered its territory as a foreign citizen. 195. As was articulated with regard to Principle 7.2 and Principle 9.1, the duty of a State to (re)admit its own nationals is understood to constitute a “vital means of regulating the coexistence of sovereign entities while also being a necessary corollary thereof .334 It is a duty that the State does not owe to the individuals concerned, but rather “it is an international duty which it owes to its fellow-states .335 States should not deprive nationals of their nationality, thus making the national an alien, for the purpose of expelling them. States’ right to expel aliens is “inherent in the (territorial) sovereignty of the State; but it is not an absolute right, as it must be exercised within the limits established by international law. 336 The principle of non-expulsion of nationals, the right of any person to return to his or her country and States’ duty to admit nationals have been identified as such limits.337 States can, under circumstances even be obliged to admit a former national, for instance when a person has become stateless.338 196. In international law, States are thus responsible for their own citizens and should not undermine this principle through deprivation of nationality, expelling a person, refusing (re)admission, and/or withdrawing travel documents. It has been held that depriving a person of nationality while present on the territory of a third country could even be construed as an abuse of power on account of the depriving State because of the burden imposed on the third State in view of the continued presence of an alien in its territory.339 As was stated at the Hague Codification Conference “a kind of contract or obligation results from the granting of a passport to an individual by a state so that when that individual enters a foreign state with that passport, the State whose territory he enters is entitled to assume that the other state whose nationality he possesses will receive him back in certain circumstances. 340 332 UNGA Res 36/103 (9 December 1981) UN Doc A/RES/36/103, p. 79. Third Report on the Situation of Human Rights in Chile, IACHR OEA/Ser/L/V/II.40, Doc 10, 11 February 1977, at. 80-1. 334 Ibid, para 19. 335 Sir J. F. Williams, ‘Denationalization’ , British Yearbook of International Law , -6 (emphasis supplied) as cited in G. Goodwin-Gill, ‘Deprivation of Citizenship, Statelessness, and International Law’ May , available at: https://www.kaldorcentre.unsw.edu.au/sites/default/files/gsgg%204-deprivationcitizenship-moreauthority.pdf, p. 4. 336 ILC, 59th Session, ‘Third report on the expulsion of aliens by Mr. Maurice Kamto, Special Rapporteur’ A CN. , para. . 337 ILC, 62nd Session, ‘Sixth report on the expulsion of aliens, by Mr. Maurice Kamto, Special Rapporteur’ A CN. . 338 Art. 1 1930 Special Protocol concerning Statelessness (adopted 12 April 1920, entered into force 15 March 2004) UNTS Vol. 2252, p. 435. 339 Eg R. Donner, The Regulation of Nationality in International Law (Transnational Publishers, 2nd ed, 1994) p. 153. 340 League of Nations, ’Acts of the Conference for the Codification of International Law, Vol. II Minutes of the First Committee: Nationality‘ November 1930) League of Nations Doc. No. 351 (a). M. 145 (a). 1930. V, p. 244. 333 92

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