This paper traces the evolution of nationality from a traditional expression of State sovereignty to a matter of international human rights concern. Historically governed by domestic jurisdiction, citizenship law underwent a profound transformation after the Second World War, when the human cost of denationalization and statelessness led to the recognition of nationality as a fundamental right in Article 15 of the Universal Declaration of Human Rights. Building on the 1954 and 1961 Statelessness Conventions, international law increasingly limits State discretion in nationality matters to safeguard human dignity and prevent exclusion. The analysis explores how refugees and stateless persons continue to face systemic marginalization in the absence of citizenship, despite robust legal frameworks. Central to the discussion is the emergence of the ius nexi principle, which redefines citizenship as grounded in genuine social and personal connections rather than formal criteria of birth or descent. Drawing on jurisprudence from the ICJ, ECtHR, CJEU, and national constitutional courts, the paper argues that ius nexi offers a substantive, human-centered approach to belonging and inclusion. However, it also highlights the risks of indeterminacy and uneven application, underscoring the need for shared legal standards to ensure fairness and prevent arbitrariness in contemporary citizenship regimes.
"From State Sovereignty to Human Rights: The Evolving Legal Framework of Citizenship in International Law”
C. Di Stasio
2026-01-01
Abstract
This paper traces the evolution of nationality from a traditional expression of State sovereignty to a matter of international human rights concern. Historically governed by domestic jurisdiction, citizenship law underwent a profound transformation after the Second World War, when the human cost of denationalization and statelessness led to the recognition of nationality as a fundamental right in Article 15 of the Universal Declaration of Human Rights. Building on the 1954 and 1961 Statelessness Conventions, international law increasingly limits State discretion in nationality matters to safeguard human dignity and prevent exclusion. The analysis explores how refugees and stateless persons continue to face systemic marginalization in the absence of citizenship, despite robust legal frameworks. Central to the discussion is the emergence of the ius nexi principle, which redefines citizenship as grounded in genuine social and personal connections rather than formal criteria of birth or descent. Drawing on jurisprudence from the ICJ, ECtHR, CJEU, and national constitutional courts, the paper argues that ius nexi offers a substantive, human-centered approach to belonging and inclusion. However, it also highlights the risks of indeterminacy and uneven application, underscoring the need for shared legal standards to ensure fairness and prevent arbitrariness in contemporary citizenship regimes.| File | Dimensione | Formato | |
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