Public International Law: Nationality and Statelessness

In the realm of Public International Law, nationality and statelessness are crucial concepts that pertain to an individual’s legal bond to a state and the absence thereof. This topic addresses how states regulate the acquisition, loss, and consequences of nationality, as well as the international protection afforded to stateless persons.

I. Nationality

1. Definition and Importance Nationality refers to the legal relationship between an individual and a state, which affords that individual certain rights and subjects them to specific obligations. It is a link of allegiance between the individual and the state, and it is the basis of an individual's protection under international law.

2. Sources of Nationality Law Nationality is predominantly regulated by domestic law but is influenced by public international law principles. The main sources that address nationality are:

The 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
European Convention on Nationality (1997) (if applicable in the jurisdiction)
Customary International Law

3. Modes of Acquisition of Nationality There are several ways nationality may be acquired, primarily through two doctrines:

Jus Soli (Right of the Soil): This grants nationality to individuals born on the territory of a state. States that follow this principle automatically confer citizenship upon birth on their soil, regardless of parental nationality.
Jus Sanguinis (Right of Blood): This principle grants nationality through descent. A child acquires nationality based on the nationality of one or both parents, regardless of where the child is born.
Naturalization: This is the process through which a non-national may acquire the nationality of a state after meeting certain legal requirements, such as residence duration, knowledge of the language, or integration into society.
Other Methods: Nationality may also be acquired by marriage, adoption, legitimation, or the exercise of certain state powers, such as the granting of nationality to refugees or stateless persons.

4. Loss of Nationality Nationality may also be lost through various means:

Voluntary Renunciation: A person may renounce their nationality in favor of acquiring a new one.
Deprivation: A state may revoke nationality under certain circumstances, such as fraud in the acquisition of nationality or conduct seriously prejudicial to the national interest.
Automatic Loss: In some jurisdictions, nationality is automatically lost upon acquiring another nationality, especially in countries that do not allow dual or multiple citizenship.

However, under international law, arbitrary deprivation of nationality is prohibited, particularly if it would result in statelessness.

5. Dual or Multiple Nationality Many states now permit dual or multiple nationalities, though this can create complications in diplomatic protection and military obligations. Public international law recognizes that individuals may hold multiple nationalities, but states must respect their obligations to prevent statelessness and arbitrary deprivation of nationality.

II. Statelessness

1. Definition and Causes A stateless person is defined under the 1954 Convention Relating to the Status of Stateless Persons as someone who is “not considered as a national by any state under the operation of its law.”

There are several causes of statelessness:

Gaps in Nationality Laws: Inconsistent nationality laws across countries can result in individuals falling between legal gaps, where no state considers them nationals.
Discrimination: Discriminatory practices based on race, ethnicity, religion, or gender can lead to statelessness. For example, some states do not permit women to pass on nationality to their children, resulting in statelessness if the father is also unable or unwilling to confer nationality.
Loss of Nationality without Acquisition of Another: This can occur if an individual voluntarily renounces nationality without securing new nationality, or if a state strips someone of their nationality arbitrarily.
State Succession: When states dissolve or territories are transferred (e.g., the dissolution of the Soviet Union), individuals may be left without nationality if states do not ensure the conferment of nationality on affected persons.

2. International Legal Framework Public international law addresses the issue of statelessness through various conventions and protocols:

1954 Convention Relating to the Status of Stateless Persons: This provides a comprehensive legal framework for the protection of stateless persons and grants them certain rights, including identity papers, travel documents, and access to employment, education, and public assistance.
1961 Convention on the Reduction of Statelessness: This treaty focuses on preventing and reducing statelessness by obligating states to grant nationality to persons born on their territory or to those who would otherwise be stateless. It also limits the power of states to revoke nationality, especially if it leads to statelessness.
The UNHCR’s Mandate: The United Nations High Commissioner for Refugees (UNHCR) also has a mandate to identify, prevent, and reduce statelessness and to protect stateless individuals. The UNHCR works closely with states to improve the legal frameworks that prevent statelessness and provide protection to stateless people.

3. Consequences of Statelessness Statelessness leaves individuals without the protection of any government, often denying them basic rights and access to services, such as:

No access to education, healthcare, or employment: Without nationality, individuals may be denied access to state-provided services and rights such as education, employment, and healthcare.
Inability to travel legally: Stateless individuals may not be able to obtain passports or travel documents, restricting their freedom of movement.
Lack of legal protection: Stateless persons are often vulnerable to exploitation and abuse, as they lack the legal protections afforded to citizens.

4. Obligations of States Under international law, states have obligations to prevent statelessness and to protect stateless persons:

Grant nationality to stateless persons: States are encouraged to grant nationality to individuals born within their territory if they would otherwise be stateless, as provided by the 1961 Convention on the Reduction of Statelessness.
Prevent arbitrary deprivation of nationality: States should not arbitrarily deprive individuals of nationality if doing so would render them stateless, in accordance with customary international law and the 1961 Convention.
Provide stateless persons with basic rights: The 1954 Convention obliges states to provide stateless persons with certain rights, including the right to education, employment, and access to identity papers and travel documents.

III. Role of International Organizations

Several international organizations play a pivotal role in addressing issues of nationality and statelessness:

United Nations High Commissioner for Refugees (UNHCR): As part of its mandate, the UNHCR leads efforts to reduce statelessness, supports national governments in reforming nationality laws, and provides legal assistance to stateless individuals.
International Organization for Migration (IOM): The IOM works to resolve issues of nationality and statelessness through policy advice and advocacy, especially in post-conflict or post-disaster settings.
Non-Governmental Organizations (NGOs): Many NGOs, such as the Statelessness Network and the Institute on Statelessness and Inclusion, work on awareness campaigns and legal aid to assist stateless individuals.

IV. Key Principles of Public International Law on Nationality and Statelessness

Sovereignty of States in Nationality Matters: States have sovereign discretion in determining who their nationals are, but this discretion is limited by international obligations, such as the prohibition on statelessness and discrimination in nationality laws.
Duty to Avoid Statelessness: Both the 1954 and 1961 Conventions emphasize the duty of states to prevent and reduce statelessness by adopting nationality laws that are inclusive, particularly to avoid children being born stateless.
Right to a Nationality: The right to a nationality is recognized under various human rights instruments, including the Universal Declaration of Human Rights (UDHR), the ICCPR, and the CRC. Every individual has the right to a nationality, and no one should be arbitrarily deprived of their nationality.

V. Conclusion

Nationality is a cornerstone of public international law, providing individuals with protection, rights, and identity. However, the issue of statelessness remains a significant challenge. Public international law seeks to protect stateless individuals, promote their rights, and ensure that states fulfill their obligations to avoid creating stateless persons through responsible nationality laws and practices. Through international conventions, treaties, and organizations like the UNHCR, the international community strives to prevent and reduce statelessness, ensuring that individuals enjoy the fundamental right to a nationality.