2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS” S887 propositions have been rooted in three factors: (1) State practice, or the trend toward the convergence of nationality and citizenship in municipal nationality law, (2) the interchangeability of the terms in writings of other scholars and of UNHCR, and (3) the writings of political theorists on community membership and belonging. The first two of these factors are intertwined, insofar as the general convergence of nationality and citizenship in municipal nationality law enables scholars and UNHCR to plausibly assert that nationality and citizenship have become indistinguishable concepts. As an example, Ruth Rubio-Marín asserts that the only modern difference between the two terms is their relative popularity in different regions of the world. 213 Yaffa Zilbershats uses the terms interchangeably, as the “instances in which a difference still exists between nationality and citizenship are rare.” 214 Peter Spiro, citing Rubio-Marín, Zilbershats, and UNHCR, has suggested that citizenship, given the “vanishingly small” 215 and “dwindling” 216 distinction between citizenship and nationality, may now or soon be regulated by international law. The third factor suggests that scholars are substituting the words of States with those of non-legal academics. Mark Manly and Laura van Waas emphasize the importance of enfranchised community membership in reliance on Arendt’s Origins of Totalitarianism. 217 Sandra Mantu, rather than presenting statements by State representatives to define citizenship, which she equates with nationality, relies on the works of sociologist T.H. Marshall and Benhabib. 218 Jana Matei also cites Marshall, placing his sociological work alongside the legal pronouncements of the ICJ in Nottebohm. 219 Linda States may not have that same freedom with respect to citizens or non-citizen nationals) (emphasis added). 213. RUTH RUBIO-MARÍN, IMMIGRATION AS A DEMOCRATIC CHALLENGE: CITIZENSHIP AND INCLUSION IN GERMANY AND THE UNITED STATES 19 n.7 (2000). 214. ZILBERSHATS, supra note 64, at 5. 215. Spiro, supra note 172, at n.6. 216. Peter Spiro, “American” Samoans Want US Citizenship, OPINIO JURIS (July 13, 2012), opiniojuris.org/2012/07/13/american-samoans-want-us-citizenship/ [https:// perma.cc/QHH4-32UJ]. 217. Mark Manly & Laura van Waas, The State of Statelessness Research, 19 TILBURG L. REV. 3, 5 (2014). 218. SANDRA MANTU, CONTINGENT CITIZENSHIP: THE LAW AND PRACTICE OF CITIZENSHIP DEPRIVATION IN INTERNATIONAL, EUROPEAN AND NATIONAL PERSPECTIVES 2–5 (2015). 219. Jana Maftei, Some Aspects of Citizenship from the Perspective of International Law, 10 EIRP PROC. 225, 226–27 (2015). Electronic copy available at: https://ssrn.com/abstract=2954729