Nationality and Statelessness under International Law

Author: Alice Edwards,Laura van Waas

Publisher: Cambridge University Press

ISBN: 1316062406

Category: Law

Page: N.A

View: 5400

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: 5198

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: 4529

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

A Comparative Study on the Benefits of Nationality

Author: Brad K. Blitz,Maureen Lynch

Publisher: Edward Elgar Publishing

ISBN: 1849808996

Category: Political Science

Page: 272

View: 2998

'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

The Enigma of the International Community

Author: William E Conklin

Publisher: Bloomsbury Publishing

ISBN: 1782253734

Category: Law

Page: 372

View: 4356

'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.

Solving Statelessness

Author: Laura Van Waas,Melanie J. Khanna

Publisher: Wolf Legal Publishers

ISBN: 9789462403468

Category:

Page: 466

View: 6076

Interest in statelessness has been steadily increasing since the late 1990s - within academia, among governments, at the UN and among civil society organisations. Research projects, mapping studies and doctrinal discussions have helped to clarify the challenges faced and our understanding of what is at stake. This has led to a fresh sense of purpose in addressing the issue and there is now a growing international movement engaged in finding solutions, spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stocktaking to inspire solutions. As Volker Tuerk outlines in his introduction to this ground-breaking publication: "The global debates have moved beyond the need to explain the problem and its causes and consequences. The time has come to accelerate the momentum to implement durable solutions effectively." The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness. With contributions from both scholars and practitioners, the book is likely to be of interest to anyone engaged in studying or implementing solutions for statelessness, including researchers, government policy-makers, staff of international or regional inter-governmental bodies and UN agencies, grass-roots and international civil society organisations, legal practitioners and advanced-level students.

Citizenship in Question

Evidentiary Birthright and Statelessness

Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: Duke University Press

ISBN: 0822373483

Category: Law

Page: 304

View: 9135

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

The Changing Role of Nationality in International Law

Author: Alessandra Annoni,Serena Forlati

Publisher: Routledge

ISBN: 041553545X

Category: Law

Page: 223

View: 7675

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.

Understanding Statelessness

Author: Tendayi Bloom

Publisher: Taylor & Francis

ISBN: 1351779141

Category:

Page: N.A

View: 9754

Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area.?They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, 'Defining Statelessness', features chapters exploring conceptual issues in the definition of statelessness. The second, 'Living Statelessness', uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. 'Theorising Statelessness', the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.

The Duty of Care of International Organizations Towards Their Civilian Personnel

Legal Obligations and Implementation Challenges

Author: Andrea de Guttry,Micaela Frulli,Edoardo Greppi,Chiara Macchi

Publisher: Springer

ISBN: 9462652589

Category: Law

Page: 514

View: 7501

This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant’Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant’Anna School of Advanced Studies in Pisa.

Citizenship Law in Africa

A Comparative Study

Author: Bronwen Manby

Publisher: African Minds

ISBN: 1936133296

Category: Law

Page: 122

View: 9463

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.

The Law and Practice of Expulsion and Exclusion from the United Kingdom

Deportation, Removal, Exclusion and Deprivation of Citizenship

Author: Eric Fripp

Publisher: Bloomsbury Publishing

ISBN: 1782255494

Category: Law

Page: 344

View: 2545

Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT

The Oxford Handbook of Refugee and Forced Migration Studies

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

Publisher: OUP Oxford

ISBN: 0191645877

Category: Political Science

Page: 800

View: 9607

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 World's Stateless

Children

Author: Institute on Statelessness and Inclusion

Publisher: N.A

ISBN: 9789462403659

Category: Illegal alien children

Page: 552

View: 9889

Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness

Statelessness in the Caribbean

The Paradox of Belonging in a Postnational World

Author: Kristy A. Belton

Publisher: University of Pennsylvania Press

ISBN: 0812249445

Category: Political Science

Page: 288

View: 1395

Statelessness in the Caribbean demonstrates how people can be forcibly displaced under nonconflict conditions without having fled a home, and how democracies force people into statelessness—the condition of not being a citizen anywhere—through the cover of bureaucratic procedures, neutral laws, and sovereign claims to determine membership.

Protecting Stateless Persons

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

Author: Katia Bianchini

Publisher: International Refugee Law

ISBN: 9789004362895

Category: Law

Page: 382

View: 3918

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.

Children Without a State

A Global Human Rights Challenge

Author: Jacqueline Bhabha

Publisher: MIT Press

ISBN: 0262015277

Category: Political Science

Page: 376

View: 6136

The first book to address children's statelessness and lack of legal status as a human rights issue. Children are among the most vulnerable citizens of the world, with a special need for the protections, rights, and services offered by states. And yet children are particularly at risk from statelessness. Thirty-six percent of all births in the world are not registered, leaving more than forty-eight million children under the age of five with no legal identity and no formal claim on any state. Millions of other children are born stateless or become undocumented as a result of migration. Children Without a State is the first book to examine how statelessness affects children throughout the world, examining this largely unexplored problem from a human rights perspective. The human rights repercussions explored range from dramatic abuses (detention and deportation) to social marginalization (lack of access to education and health care). The book provides a variety of examples, including chapters on Palestinian children in Israel, undocumented young people seeking higher education in the United States, unaccompanied child migrants in Spain, Roma children in Italy, irregular internal child migrants in China, and children in mixed legal/illegal families in the United States.

Foundations of International Migration Law

Author: Brian Opeskin,Richard Perruchoud,Jillyanne Redpath-Cross

Publisher: Cambridge University Press

ISBN: 1139576852

Category: Law

Page: N.A

View: 3459

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

Contingent Citizenship

The Law and Practice of Citizenship Deprivation in International, European and National Perspectives

Author: Sandra Mantu

Publisher: BRILL

ISBN: 9004293000

Category: Political Science

Page: 394

View: 2275

In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards.