S874
COLUMBIA JOURNAL OF TRANSNATIONAL LAW
[56:S855
population of a particular State.” 115 Such rules bore on the exercise
of diplomatic protection, the treatment that States had to afford individuals seeking entry, the legitimacy of international sanctions and
wartime undertakings, and the exercise of extraterritorial jurisdiction. 116
Perhaps more radical than the actual crystallization of norms
regulating nationality was the post-World War II assertion of the
right to a nationality as a fundamental human right. The right was
first recognized in response to World War II’s discriminatory denationalization and mass displacement crises. It was included in the
Universal Declaration of Human Rights (“UDHR”), 117 a non-binding
recognition “of the inherent dignity and of the equal and inalienable
rights of all members of the human family.” 118 The right was subsequently incorporated into, inter alia, the International Covenant on
Civil and Political Rights, 119 the International Convention on the
Elimination of All Forms of Racial Discrimination, 120 the Convention
on the Elimination of All Forms of Discrimination against Women, 121 and the Convention on the Rights of the Child. 122 The 1954
and 1961 Statelessness Conventions are predicated on the right to a
nationality. 123 Several scholars have argued that the right to a nationality crystallized, or was “accepted,” in the post-World War II period for circumstances in which it was clear which State owed its na-
115. H.F. VAN PANHUYS, THE ROLE OF NATIONALITY IN INTERNATIONAL LAW: AN
OUTLINE 20 (1959).
116. Id. at 22.
117. G.A. Res. 217 (III) A, Universal Declaration of Human Rights art. 15 (Dec. 10,
1948).
118. Id. at preamble.
119. International Covenant on Civil and Political Rights art. 24, Dec. 16, 1966, S.
Treaty Doc. No. 95-20, 6 I.L.M. 368 (1967), 999 U.N.T.S. 171 [hereinafter “ICCPR”].
120. International Convention on the Elimination of All Forms of Racial Discrimination
art. 5, Mar. 7, 1966, 660 U.N.T.S. 195.
121. Convention on the Elimination of All Forms of Discrimination Against Women art.
9, Dec. 18, 1979, 1249 U.N.T.S. 13.
122. Convention on the Rights of the Child art. 7, Nov. 20, 1989, 1577 U.N.T.S. 3.
123. Office of the U.N. High Commn’r for Refugees, Introductory Note to the
Convention on the Reduction of Statelessness (2014) (“[T]he Convention gives effect to
article 15 of the Universal Declaration of Human Rights which recognizes that ‘everyone
has the right to a nationality.’”); Office of the U.N. High Commn’r for Refugees,
Introductory Note to the Convention Relating to the Status of Stateless Persons (2014)
(“Because protection as a stateless person is not a substitute for possession of a nationality,
the Convention requires that States facilitate the assimilation and naturalization of stateless
persons.”).
Electronic copy available at: https://ssrn.com/abstract=2954729