1 Exploring Statelessness (1) Boundaries between de jure and de facto Article 1(1) of the 1954 United Nations Convention Relating to the Status of Stateless Persons defines a stateless person as one “who is not considered as a national by any State under the operation of its law.” 9 This commonly accepted definition in international law has also been transposed into the 1961 Convention on the Reduction of Statelessness.10 In principle, a person is considered a national at birth through application of legal instruments (such as a constitution, nationality law, or executive orders) of the state of birth or of their parents’ state of citizenship. However, not everyone acquires nationality at birth by application of law. Some are left without a nationality after a loss of citizenship. They are generally called de jure stateless persons and are the principal subject of concern in the Convention Relating to the Status of Stateless Persons. Another category of stateless persons is comprised of a group who, without having been deprived of their nationality, are for some reason unable to enjoy the protection and assistance of their national authorities when abroad. This group lacks an effective form of nationality and is categorized as de facto stateless persons.11 Similar problems may arise where persons have the nationality of a country but are not allowed to enter or reside in that country.12 9 This follows International Law Commission (ILC) Special Rapporteur Manley O. Hudson’s definition of stateless persons. See Report on Nationality, Including Statelessness by Manley O. Hudson, Special Rapporteur, A/CN.4/50, Extract from the Yearbook of the International Law Commission, 1952, vol. II p.17; Robinson, N., Convention Relating to the State of Stateless Persons- Its history and Interpretation: A Commentary (1995), reprinted by the Division of International Protection of the United Nations High Commissioner for Refugees 1997, Article 1, para. 3. 10 Bachelor, supra note 3, p.170. 11 The 1949 UN report, A Study of Statelessness (supra note 4, Introduction III 1,2), had already differentiated de jure and de facto stateless persons based on Intergovernmental Committee on Refugees, Statelessness and Some of its Causes: An Outline (1946). ILC Special Rapporteur Hudson suggests “so-called stateless persons are de facto nationals of a State who are outside of its territory and devoid of its protection; they are, therefore, not stateless: it might be better to speak of “unprotected persons” and to call this group “de facto unprotected persons,” in distinction to “de jure unprotected persons,” i.e. stateless persons. (Hudson, supra note 9, p.17). 12 Bachelor, supra note 2, p.173. Tang Lay Lee analyzes regulations and its application in the Republic of China, which requires its own nationals residing overseas to acquire a visa before they enter or reside in Taiwan. Lee, T., “Stateless Persons and the 1989 Comprehensive Plan of Action Part 1:-Chinese Nationality and the Republic of China (Taiwan),” International Journal of Refugee Law, Vol.7 (1995), p.217. 9