Nationality and Statelessness under International Law

Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 1316062406
Format: PDF, ePub, Mobi
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Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Nationality and Statelessness under International Law

Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 9781316601136
Format: PDF, Mobi
Download Now
Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Nationality Matters

Author: Laura van Waas
Publisher: Intersentia Uitgevers N V
ISBN: 9789050958547
Format: PDF, ePub
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It is a familiar and irrefutable fact that the world we live in today is marked with divisions. Border posts, frontier patrols, and elaborate fencing establish the dividing lines between the territory of one country and the next. Meanwhile, partitions have also been created between people, even though individuals do not exist as isolated beings. They are connected to one country or another through the legal bond of membership known as nationality. However, these divisions are not watertight. There are also individuals who remain unclaimed by any country. These are the world's stateless persons. Some fifty years ago, the international community adopted a pair of instruments to tackle the anomaly that is statelessness: the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The former was designed to offer a minimum standard of protection to those individuals who found themselves without a nationality, while the latter was crafted in order to prevent new cases of statelessness from arising. However, these documents were quickly forgotten and failed to have any real impact. Then, at the turn of the millennium, a deepening understanding of the severity and potential implications of statelessness - as well as the emergence of several large, new caseloads of stateless persons - spurred the international community to renew its attempts to tackle the issue. It is the current growing preoccupation with the plight of the stateless that offered an opportune moment to reflect upon the question as to whether the international community now has the necessary tools at its disposal to respond effectively to the issue of statelessness. Nationality Matters is devoted to answering that question by investigating in detail both the enduring value of the two tailor-made statelessness conventions, as well as ascertaining what other areas of international law - in particular human rights law - have to offer in answer to the phenomenon of statelessness. Laura van Waas has been selected as a recipient of the Max van der Stoel Human Rights Award 2009 for this book.

Nationality and Statelessness in the International Law of Refugee Status

Author: Eric Fripp
Publisher: Bloomsbury Publishing
ISBN: 1782259228
Format: PDF
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International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

Statelessness and Citizenship

Author: Brad K. Blitz
Publisher: Edward Elgar Publishing
ISBN: 1849808996
Format: PDF, Kindle
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'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.

Statelessness

Author: William E Conklin
Publisher: Bloomsbury Publishing
ISBN: 1782253734
Format: PDF, ePub, Mobi
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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.

The Changing Role of Nationality in International Law

Author: Alessandra Annoni
Publisher: Routledge
ISBN: 041553545X
Format: PDF, ePub, Mobi
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The book explores the current role of nationality from the point of view of international law, reassessing the validity of the 'classical', state-centered, approach to nationality in light of the 'new' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

Statelessness in the European Union

Author: Caroline Sawyer
Publisher: Cambridge University Press
ISBN: 113949600X
Format: PDF, ePub
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Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.

Citizenship in Question

Author: Benjamin N. Lawrance
Publisher: Duke University Press
ISBN: 0822373483
Format: PDF, Mobi
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Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock