Chapter 1. Introduction
1.5. ANALYTICAL FR AMEWORK: FIRST STEPS
Norms on preventing and solving statelessness are not exclusive to European law. Legal
standards on statelessness and nationality have been adopted at the international level,
as well as in other regions of the world. To fully understand the norms on preventing
and solving statelessness at the European regional level, and to recognize what these
add to the conception of nationality, it is therefore necessary to consider how they fit
within the bigger system of international and regional legal instruments addressing
nationality and statelessness. Hence, as a first step in creating an analytical framework
for this research, these legal instruments are analyzed further. Below, the international
and other regional standards relating to preventing and solving statelessness are
therefore briefly studied in order to help establish this framework. Building an
analytical framework, it is important to explore the content of these norms and see
whether a pattern or possible categories of norms based on this content can be distilled.
The focus throughout this section is on norms that relate to the prevention of and
solutions to statelessness. The next paragraph below considers international norms
relating to the regulation of nationality and the reduction of statelessness. Paragraph
1.5.2 turns to other regional instruments dealing with these matters, meaning that the
standards enacted in regional cooperation mechanisms outside of Europe are studied.
A concluding paragraph is dedicated to the different ‘categories’ of norms that can be
drawn from the analysis in this section.
1.5.1. INTER NATIONAL LAW ON NATIONALITY AND THE
R EDUCTION OF STATELESSNESS
This section considers the relevant international legal instruments relating to the
prevention of and solutions to statelessness in chronological order. It is divided up into
different parts, focusing on the key early instruments on nationality first, and turning
next to the instruments that were enacted after World War II to address the situation
of refugees and stateless people. UN human rights treaties that contain provisions that
are relevant to preventing and solving statelessness are included below under the header
‘UN human rights treaties’.
The 1930 Hague Convention and the UDHR (1948)
The Convention on Certain Questions relating to the Conflict of Nationality Laws,
which was adopted in 1930 (1930 Hague Convention) in the context of the League of
Nations (LoN)100, is one of the first international instruments aimed at establishing
100
Convention on Certain Questions relating to the Confl ict of Nationality Laws (adopted 12 April 1930,
entered into force 1 July 1937) 179 LTS 89 (1930 Hague Convention).
Intersentia
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