What were some of the effects of Oppenheim’s International Law? One effect of this law was that any stateless person under international law. Another effect was that no nation could question another nation’s treatment of any person .

PREFACE

As will be seen from the discussion regarding the preparation of the Convention dealt with in this

volume, it was largely modelled on the Convention Relating to the Status of Refugees (called the

Refugee Convention for short): in many instances the relevant articles of the Refugee Convention

were taken over bodily by substituting the words “stateless person” for “refugee”. In other

instances, however, the text was modified with the result that the treatment accorded stateless

persons differs from that of “refugees”. Obviously, Article 1 has no connection with the Refugee

Convention at all.

Despite the close relationship between the two Conventions, both of them are formally and

materially independent international treaties: they apply to different groups of persons and grant

divergent benefits to them. On the other hand, the circumstance that many provisions were either

taken over from the Refugee Convention or are modified versions thereof makes the

understanding of the Convention dependent on an analysis of the relevant articles of the Refugee

Convention and of the reasons for the changes. It is for these reasons that the Commentary to

this Convention makes frequent references to the discussion on the preparation of the Refugee

Convention and deals in greater detail with the genesis of the articles of the present Convention.

The Commentary to the Convention contains frequent references to stateless persons, de jure

and de facto. These terms were introduced in a study on statelessness which was prepared by

the United Nations Secretariat and were used in both conferences. At bottom, however,

nationality is a legal concept; therefore de facto statelessness is a somewhat illogical term.

Nehemiah Robinson

May, 1955

PART ONE

THE PREPARATION OF THE CONVENTION

As will be seen below, the Convention is for the most part the application to stateless persons of

the provisions of the Convention Relating to the Status of Refugees. In order to understand the

genesis of this Convention we have thus to refer to the history of the United Nations efforts in the

field of legal protection for stateless persons and refugees.

The Human Rights Commission, in its second session (December 2-17, 1947), took cognizance

of the lack of international agreements relating to the protection of post - Second World War

refugees and the necessity for adapting existing conventions to the new conditions created after

that war and to the developments of international law under the auspices of the United Nations.

As a result, the Human Rights Commission requested the Economic and Social Council to initiate

action to the above effect.

On March 2, 1948, the Council adopted Resolution 116 (VI) (D), requesting the SecretaryGeneral of the United Nations, i.a., to undertake a study of the existing situation in regard to the

Explanation:

the correct answer is to reduce tax