The problem of statelessness and its effects on human rights

Abstract

It is a general rule taken for granted in the modern era that the state has discretion
It is broad in setting the rules for acquiring its nationality and the rules for losing it, because they are all of them
It is within its own jurisdiction. This principle has been endorsed by the commentators of private international law and supported by jurisprudence
And scientific bodies such as the preparatory body for the conference on the codification of international law held in The Hague in 2004
0 as well as the era of the League of Nations. It was also confirmed by the International Court of Justice in most of its advisory opinions
and its judicial rulings in this regard.
The freedom of the state to regulate its nationality is one of the basic rules in the nationality article.
It is a necessary consequence of the principle of state sovereignty. There is no doubt that extravagance in this freedom may be harmful
The interests of individuals on the one hand may conflict with the interests of other countries on the other hand. So this
Other considerations restricted the state's freedom in the matter of regulating its nationality with some derived restrictions
From the interests of the state or individuals.
Such as restrictions arising from international treaties and agreements. And non-conventional restrictions that
imposed by the principles of public international law, such as respecting the rights of the individual by changing his nationality, and the inability to
The state imposes its nationality on non-nationals under the pretext of their religious or ethnic affiliation and necessity
Consideration in granting subsequent nationality at the will of the individual).
Accordingly, we will divide this study into two sections:
The first topic: the concept of the principle of freedom of the state in regulating the provisions of its nationality.
The second topic: the restrictions on the freedom of the state in legislating its nationality.