Deprivation of nationality under article 8 (3) of the 1961 Convention on the reduction of statelessness
| Author | Luca Bücken,René de Groot |
| DOI | 10.1177/1023263X17754036 |
| Date | 01 February 2018 |
| Published date | 01 February 2018 |
| Subject Matter | Articles |
Article
Deprivation of nationality
under article 8 (3) of the
1961 Convention on the
reduction of statelessness
Luca Bu
¨cken* and Rene
´de Groot**
Abstract
In the international community, there is a continuing trend to deprive citizens of their nationality
for certain undesirable behaviour. The 1961 Convention prohibits this practice in cases where
the individual concerned would become stateless as a consequence. However, State Parties can
reserve certain exceptions to this prohibition by filing a declaration under Article 8 (3) at the
time of ratification. This article aims to conduct a thorough analysis and a critical reflection of the
declarations of ratifying States of the 1961 Convention submitted under Article 8 (3) of the
Convention. This approach includes a quantitative analysis of the submitted declarations against
the background of recent geopolitical events, which will show an absolute, yet not a proportional
rise, of declarations submitted under Article 8 (3). An analysis of the legality of the submitted
declarations as well as a discussion of the corresponding national provisions will be conducted.
Furthermore, an evaluation of the reaction of other Contracting States to the submitted
declarations will demonstrate serious shortcomings in the due diligence of Contracting States,
arguing that a double-standard is applied to declarations submitted under Article 8(3) by
Western Contracting States in comparison to the treatment of Contracting States from the
Islamic World.
Keywords
Statelessness, deprivati on of nationality, nationality la w, UN Convention on the reduction of
statelessness, comparative study
* Maastricht Centre for Citizenship, Migration and Development, Maastricht University, The Netherlands
** Faculty of Law, Maastricht University, The Netherlands
Corresponding author:
Rene
´de Groot, Faculty of Law, Maastricht University, The Netherlands.
E-mail: r.degroot@maastrichtuniversity.nl
Maastricht Journal of European and
Comparative Law
2018, Vol. 25(1) 38–51
ªThe Author(s) 2018
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DOI: 10.1177/1023263X17754036
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