A.
Mandate
- Included
in 1949 in the Commission's list of topics of international
law provisionally selected for codification
- ECOSOC Res. 304 D (XI) of 17 July 1950 (E,
F, S,
R,
C)
- ECOSOC Res. 319 B (XI) of 11 August 1950
(E,
F, S,
R,
C)
|
|
| B.
Studies undertaken by the Secretariat and Reports of the Secretary-General |
|
|
|
|
-
Nationality of Married Women: Letter from the Secretary-General
to the Chairman of the International Law Commission
|
- U.N.
Doc. A/CN.4/33
(in Ybk,
1950, vII)
- ILC Report, A/1316
(A/5/12), 1950, part I, chp. II, paras.19-20 |
|
|
|
-
Elimination of Statelessness: Note prepared by the Secretariat
|
- U.N.
Doc. A/CN.4/47
(in Ybk,
1951, vII) |
|
|
|
-
The problem of Statelessness: Report by the Secretary-General
|
- U.N.
Doc. A/CN.4/56
(F)
and Add.1
- ILC Report, A/2163
(A/7/9), 1952, chp. III, par.29 |
|
|
|
-
Survey of the problem of multiple nationality prepared
by the Secretariat
|
- U.N.
Doc. A/CN.4/84
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. II, par.38 |
| C.
Reports of the Working Group or Sub-Committee |
|
|
|
|
| D.
Reports of the Special Rapporteur |
|
1. Report
to the International Law Commission with three annexes.
The first dealt with nationality in General, and considered
past action for the codification of international law in
the field of nationality, including an analytical survey
of international law on nationality. The second annex contained
a draft convention on nationality of married persons drafted
to follow closely to the terms proposed by the Commission
on the Status of Women and approved by the Economic and
Social Council. The third annex contained a working paper
on statelessness which considered, past international action
for the reduction of statelessness; statelessness "de facto"
and "de jure"; the number of stateless persons; the causes
of statelessness; an analysis of the problem and the possibilities
of its solution; as well as a set of points for discussion.
-
Report of the Special Rapporteur, Mr. Manley O.
Hudson (4th
session of the ILC (1952))
|
- U.N.
Doc. A/CN.4/50
(in Ybk,
1952, vII)
-
ILC Report, A/2163
(A/7/9), 1952, chp. III, paras.29-31
|
2. Report
on the elimination of statelessness, containing a draft
convention on the elimination of future statelessness, and
a Draft Convention on the reduction of future statelessness,
as well as a synoptic chart of possible sources of statelessness,
together with commentaries.
-
Report of the Special Rapporteur, Mr. Roberto Córdova
(5th session
of the ILC (1953))
|
- U.N.
Doc. A/CN.4/64
(in Ybk,
1953, vII)
- ILC Report, A/2456
(A/8/9), 1953, chp. IV, paras.119-120 |
3. Prepared
a preliminary report on the elimination of present statelessness,
including a proposed protocol on the elimination of present
statelessness, as well as a draft convention on certain
measures for the reduction of present statelessness.
-
Second report of the Special Rapporteur, Mr. Roberto
Córdova (5th
session of the ILC (1953))
|
- U.N.
Doc. A/CN.4/75
(in Ybk,
1953, vII)
- ILC Report, A/2456
(A/8/9), 1953, chp. IV, par.123 |
4. Report
on the elimination or reduction of statelessness including
the texts of a protocol to the "Convention on the Elimination
of Future Statelessness", for the elimination of present
statelessness; a protocol to the "Convention on the reduction
of future statelessness", for the reduction of present statelessness;
an alternative Convention on the Elimination of Present
Statelessness; as well as an alternative Convention on the
Reduction of Present Statelessness, together with commentaries.
-
Third report of the Special Rapporteur, Mr. Roberto
Córdova (6th
session of the ILC (1954))
|
- U.N.
Doc. A/CN.4/81
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. II, paras.27-35 |
5. Report
on multiple nationality, including a discussion on the bases
of discussion concerning the elimination of future multiple
nationality; the bases of discussion concerning the reduction
of future multiple nationality; the bases of discussion
concerning the elimination of present multiple nationality;
and the bases of discussion concerning the reduction of
present multiple nationality.
-
Report of the Special Rapporteur, Mr. Roberto Córdova
(6th session
of the ILC (1954))
|
- U.N.
Doc. A/CN.4/83
(in Ybk,
1954, vII)
- ILC Report, A/2693
(A/9/9), 1954, chp. II, par.38 |
| E.
Reports of the Drafting Committee |
|
|
|
|
| F.
Comments by Governments |
|
1. 6th
session of the International Law Commission (1954)
|
|
-
Comments by Governments on the draft Convention on the
Elimination of Future Statelessness and on the draft Convention
on the Reduction of Future Statelessness, both prepared
by the International Law Commission at its fifth
session in 1953
|
- U.N.
Doc.
A/CN.4/82 and Add.1-8 (in ILC Report, A/2693
(A/9/9), 1954, annex)
- ILC Report, A/2693
(A/9/9), 1954, chp. II, paras.10-24 |
| G.
Other |
|
1. 5th
session of the International Law Commission (1953)
|
|
-
Nationality, including Statelessness: Extracts from Mr.
Georges Kaeckenbeeck’s book "The International
Experiment of Upper Silesia” (1942) prepared by Ivan
S. Kerno, Expert of the International Law Commission
|
- U.N.
Doc. A/CN.4/65
(F)
|
-
Nationality, including Statelessness: National Legislation
Concerning Grounds for Deprivation of Nationality - Memorandum
prepared by Ivan S. Kerno, Expert of the International
Law Commission
|
- U.N.
Doc. A/CN.4/66
(F)
- ILC Report, A/2456
(A/8/9), 1953, chp. IV, par.119 |
-
Nationality, including Statelessness: Analysis of Changes
in Nationality Legislation of States since 1930 - Memorandum
prepared by Ivan S. Kerno, Expert of the International
Law Commission
|
- U.N.
Doc. A/CN.4/67
(F) |
| H.
Reports of the International Law Commission |
|
1. Report
of the International Law Commission on the work of its second
session, 5 June to 29 July 1950
-
Acknowledgement of receipt of a request from the Economic
and Social Council that the International Law Commission
undertake the drafting of a convention to embody the principles
recommended by the Commission on the Status of Women.
The International Law Commission decided that it was appropriate
to entertain the proposal, and decided to do so as soon
as possible.
- Discussion in plenary: 71st
mtg (19 July 1950)
|
- ILC
Report, A/1316
(A/5/12), 1950, part I, chp. II, paras.19-20
- Ybk,
1950, vII
- Ybk,
1950, vI
|
2. Report
of the International Law Commission on the work of its third
session, 16 May to 27 July 1951
-
Decision to initiate work on the topic of "nationality,
including statelessness". Mr. Manley O. Hudson was appointed
Special Rapporteur. Decided also that the request
from the Economic and Social Council transmitted to it
during its session in 1950 raised a matter that fell within
the framework of the topic.
- Discussion in plenary: 85th
mtg (21 May 1951), and 124th
mtg (13 July 1951)
|
- ILC
Report, A/1858
(A/6/9), 1951, chp. VIII, par.85
- Ybk,
1951, vII
- Ybk,
1951, vI |
3. Report
of the International Law Commission on the work of its fourth
session, 4 June to 8 August 1952
-
On the question of the draft convention on nationality
of married persons, proposed by the Special Rapporteur,
the Commission decided that the question of nationality
of married women could not but be considered in the context,
and as an integral part, of the whole subject of nationality
including statelessness. With regard to the working paper
on Statelessness submitted by the Special Rapporteur,
the Commission took the view that a draft convention on
elimination of statelessness and one or more draft conventions
on the reduction of future statelessness should be prepared
for consideration at its next session. The Commission
decided to invite Mr. Ivan Kerno to serve as an individual
expert of the Commission charged with work on the question
of elimination or reduction of statelessness, under the
general guidance of the chairman of the Commission. Following
the resignation of the Special Rapporteur, the
Commission appointed Mr. Roberto Córdova Special
Rapporteur for the topic.
- Discussion in plenary: 155th,
156th,
157th,
158th,
159th,
160th,
161st,
162nd
and 163rd
mtgs (2 to 14 July 1952), 172nd
mtg (25 July 1952), 181st
mtg (6 August 1952), and 183rd
mtg (8 August 1952)
|
-
ILC Report, A/2163
(A/7/9), 1952, chp. III, paras.25-34
- Ybk,
1952, vII
- Ybk,
1952, vI
|
4. Report
of the International Law Commission on the work of its fifth
session, 5 June to 14 August 1953
-
On the basis of the report of the Special Rapporteur,
the Commission adopted provisionally two conventions,
the "Draft Convention on the Elimination of Future Statelessness"
and "Draft Convention on the Reduction of Future Statelessness",
together with commentaries, for consideration by governments.
As both texts were not designed to have retroactive effect,
the Special Rapporteur prepared a second report
on the question of the elimination of existing statelessness.
The Commission requested the Special Rapporteur
to devote further study to the matter and to prepare a
report for the next session.
- Discussion in plenary: 211th,
212th,
213th,
214th,
215th,
216th,
217th, 218th,
219th, 220th,
221st,
222nd,
223rd, 224th
and 225th
mtgs (8 to 28 July 1953), and
231st, 232nd,
233rd and 234th
mtgs (4 to 7 August 1953), and 237th
mtg (11 August 1953)
|
- ILC
Report, A/2456
(A/8/9), 1953, chp. IV, paras.115-162
- Ybk,
1953, vII
- Ybk,
1953, vI
|
5. Report
of the International Law Commission on the work of its sixth
session, 3 June to 28 July 1954
-
After considering the replies received from Governments,
the Commission adopted the Draft
Convention on the Elimination of Future Statelessness,
and the Draft
Convention on the Reduction of Future Statelessness.
As for the question of present statelessness, the Commission
adopted its proposals, on the basis of the report of the
Special Rapporteur, in the form of seven articles
with commentaries and submitted them to the General Assembly
as part of its final
report on nationality, including statelessness. Although
the question of multiple nationality was also the subject
of a report by the Special Rapporteur, the Commission
decided to defer any further consideration of multiple
nationality and other questions relating to nationality.
- Discussion in plenary: 242nd,
243rd,
244th,
245th,
246th,
247th,
248th, 249th,
250th,
251st and 252nd
mtgs (8 to 22 June 1954),
271st mtg (19 July 1954), 273rd,
274th,
275th and 276th
mtgs (21 to 24 July 1954), and
280th mtg (27 July 1954)
|
- ILC
Report, A/2693
(A/9/9), 1954, chp. II, paras.10-40
- Ybk,
1954, vII
- Ybk,
1954, vI
|
| I.
General Assembly and ECOSOC Action |
|
ECOSOC
Res. 526 B (XVII) of 26 April 1954 (E,
F,
S,
R,
C)
-
Endorsing the principles underlying the work of the Commission
for the elimination or reduction of statelessness.
|
|
| J.
Final Outcome |
|
|
|
|
|
|
- ILC
Report, A/2693
(A/9/9), 1954, chp. II, par.10
- Ybk,
1954, vII |
|
|
|
Res.
526 A (XVII) of 26 April 1954 (E,
F,
S,
R,
C)
-
Decision of the Council to convene a conference of plenipotentiaries
to review and adopt a protocol relating to the status
of stateless persons by which certain provisions of
the Convention relating to the Status of Refugees of
28 July 1951 would become applicable to stateless persons.
|
|
|
|
|
Res.
896 (IX) of 4 December 1954 (E,
F,
S,
R,
C,
A)
-
The Assembly expressed its desire that an international
conference of plenipotentiaries be convened to conclude
a convention for the reduction or elimination of future
statelessness as soon as at least twenty States had
communicated to the Secretary-General their willingness
to co-operate in such a conference.2
|
|
(back)
1. The Commission has since taken up
the issue in the context of its work on State
Succession and its impact on the nationality of natural and legal
persons.
(back)
2. The United Nations Conference on
the Elimination or Reduction of Future Statelessness met at Geneva
from 24 March to 18 April 1959, with representatives of thirty-five
States participating. At its second part, held at New York, from
15 to 28 August 1961,
the Conference adopted the Convention
on the Reduction of Statelessness (United Nations, Treaty
Series, vol. 989, p. 175).
|
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Analytical Guide > Nationality
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