STATELESSNESS AND ITS GLOBAL-LOCAL RAMIFICATIONS
STATELESSNESS AND GLOBAL-LOCAL RAMIFICATIONS
Article 1 (1) of the 1954 Convention relating to the Status of Stateless Persons defines a stateless person as ‘a person who is not considered as a national by any State under the operation of its law’.
his definition is binding on all States parties to the Convention and applies to other States because the International Law Commission has concluded that it is part of international customary law. (Please see page 49 of the International Law Commission, Articles on Diplomatic Protection with commentaries, 2006, which states that the Article 1 definition can “no doubt be considered as having acquired a customary nature”. The text of Article 1(1) of the 1954 Convention is used in the Articles on Diplomatic Protection to provide a definition of stateless person.) With the exception of persons who are excluded (under Paragraph 7 of UNHCR’s Statute and Article 1(2) of the 1954 Convention), persons who meet this definition are of concern to UNHCR under its mandate.
To establish whether a person is stateless under the definition, it is necessary to analyse how a State applies its nationality law in practice to individual cases and to any review/appeal decisions that may be relevant to the individual’s case. The reference to ‘law’ in the definition should be read broadly to encompass legislation, but also ministerial decrees, regulations, orders, case law (in countries with tradition of precedent), and, where appropriate, customary practice.
To establish whether a person is stateless under the definition, it is necessary to analyse how a State applies its nationality law in practice to individual cases and to any review/appeal decisions that may be relevant to the individual’s case. The reference to ‘law’ in the definition should be read broadly to encompass legislation, but also ministerial decrees, regulations, orders, case law (in countries with tradition of precedent), and, where appropriate, customary practice.
