Nationality and Statelessness under International Law

Author: Alice Edwards,Laura van Waas

Publisher: Cambridge University Press

ISBN: 1316062406

Category: Law

Page: N.A

View: 6392

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

Statelessness Under International Law

Author: Laura van Waas

Publisher: Intersentia Uitgevers N V

ISBN: 9789050958547

Category: Law

Page: 504

View: 6365

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

Category: Law

Page: 416

View: 8175

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.

Protecting Stateless Persons

The Implementation of the Convention Relating to the Status of Stateless Persons across EU States

Author: Katia Bianchini

Publisher: BRILL

ISBN: 9004362908

Category: Political Science

Page: 398

View: 3764

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers a study of legislation, case-law and decision-making concerning the protection of stateless persons in ten EU Member States.

The Oxford Handbook of Refugee and Forced Migration Studies

Author: Elena Fiddian-Qasmiyeh,Gil Loescher,Katy Long,Nando Sigona

Publisher: OUP Oxford

ISBN: 0191645885

Category: Political Science

Page: 800

View: 6911

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterise this rapidly expanding field of research and practice.

The International Law Foundations of Palestinian Nationality

A Legal Examination of Palestinian Nationality Under the British Rule

Author: Mutaz M. Qafisheh

Publisher: BRILL

ISBN: 9004169849

Category: Law

Page: 252

View: 8985

By the end of British rule in Palestine on 14 May 1948, Palestinian nationality had become well established in accordance with both domestic law and international law. Accordingly, the legal origin of Palestinian nationality lies in this nearly thirty-year period as the status of Palestinians has never been settled since. Hence, any legal consideration on the future status of individuals who once held Palestinian nationality should start from the point at which the British rule over Palestine was terminated. This work provides a legal basis for future settlement of the status of Palestinians of all categories that emerged in some sixty years following the end of the Palestine Mandate: Israeli citizens, inhabitants of the occupied territory, and Palestinian refugees. In conclusion, nationality as regulated by Britain in Palestine represents an international status that cannot be legally altered except in accordance with international law.

Citizenship Law in Africa

A Comparative Study

Author: Bronwen Manby

Publisher: African Minds

ISBN: 1936133296

Category: Law

Page: 122

View: 3613

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Europäische Grundrechte und Grundfreiheiten

Author: Dirk Ehlers

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 3110385708

Category: Law

Page: 864

View: 3225

Already in its 4th edition, this standard textbook on European fundamental rights and freedoms has been revised and expanded. The new edition takes all amendments into consideration and also covers in detail the new additional protocol to the European Convention on Human Rights, the Treaty establishing a Constitution for Europe, as well as the Charter of Fundamental Rights of the European Union.

Europäisches Verfassungsrecht

Theoretische und dogmatische Grundzüge

Author: Armin Bogdandy,Jürgen Bast

Publisher: Springer-Verlag

ISBN: 3662071282

Category: Law

Page: 977

View: 4678

Der Band präsentiert systematisch die theoretischen und dogmatischen Grundzüge des europäischen Verfassungsrechts, reflektiert den Stand der Forschung, verdeutlicht methodische Zugänge, klärt Wissenschaftsverständnisse und bezeichnet Forschungsdesiderata. Die systematischen Einzelanalysen ergänzen Gesamteinschätzungen zu Stand und Fortgang der rechtlichen Integration.

Minderheitenschutz in Mittel- Und Osteuropa

Author: Gerrit Manssen,Bogusław Banaszak

Publisher: Lang, Peter, Gmbh, Internationaler Verlag Der Wissenschaften

ISBN: 9783631379226

Category: Human rights

Page: 259

View: 3724

Staatsangehörigkeitsrecht

Author: Kay Hailbronner,Jan Hecker,Hans-Georg Maaßen

Publisher: N.A

ISBN: 9783406676208

Category:

Page: 1500

View: 8935

Über Freizügigkeit und Aufenthalt

Paradigmatische Überlegungen zum grundrechtlichen Freiheitsschutz in historischer und verfassungsrechtlicher Perspektive

Author: Jan Ziekow

Publisher: Mohr Siebeck

ISBN: 9783161467301

Category: Law

Page: 734

View: 8522