Nationality and Statelessness under International Law PDF Download
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Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 110703244X
Category : Law
Languages : en
Pages : 325
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Book Description
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 110703244X
Category : Law
Languages : en
Pages : 325
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Book Description
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Author: Katia Bianchini
Publisher: BRILL
ISBN: 9004362908
Category : Law
Languages : en
Pages : 391
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Book Description
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.
Author: Tendayi Bloom
Publisher: Routledge
ISBN: 1351779133
Category : Political Science
Languages : en
Pages : 459
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Book Description
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.
Author: Solomon Oseghale Momoh
Publisher: Taylor & Francis
ISBN: 1000729060
Category : Law
Languages : en
Pages : 164
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Book Description
This book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.
Author: Tendayi Bloom
Publisher: Manchester University Press
ISBN: 1526156407
Category : Law
Languages : en
Pages : 551
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Book Description
When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.
Author: Brad K. Blitz
Publisher: Edward Elgar Publishing
ISBN: 1849808996
Category : Political Science
Languages : en
Pages : 273
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Book Description
'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.
Author: Lindsey N. Kingston
Publisher: Oxford University Press
ISBN: 0190918284
Category : Political Science
Languages : en
Pages : 313
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Book Description
Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system--but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.
Author: Bronwen Manby
Publisher: African Minds
ISBN: 1936133296
Category : Law
Languages : en
Pages : 121
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Book Description
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.
Author: Institute on Statelessness and Inclusion
Publisher:
ISBN: 9789462403659
Category : Law
Languages : en
Pages : 552
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Book Description
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
Author: Kristy A. Belton
Publisher: University of Pennsylvania Press
ISBN: 0812294327
Category : Political Science
Languages : en
Pages : 284
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Book Description
Without citizenship from any country, more than 10 million people worldwide are unable to enjoy the rights, freedoms, and protections that citizens of a state take for granted. They are stateless and formally belong nowhere. The stateless typically face insurmountable obstacles in their ability to be self-determining agents and are vulnerable to a variety of harms, including neglect and exploitation. Through an analysis of statelessness in the Caribbean, Kristy A. Belton argues for the reconceptualization of statelessness as a form of forced displacement. Belton argues that the stateless—those who are displaced in place—suffer similarly to those who are forcibly displaced, but unlike the latter, they are born and reside within the country that denies or deprives them of citizenship. She explains how the peculiar form of displacement experienced by the stateless often occurs under nonconflict and noncrisis conditions and within democratic regimes, all of which serve to make such people's plight less visible and consequently heightens their vulnerability. Statelessness in the Caribbean addresses a number of current issues including belonging, migration and forced displacement, the treatment and inclusion of the ethnic and racial "other," the application of international human rights law and doctrine to local contexts, and the ability of individuals to be self-determining agents who create the conditions of their own making. Belton concludes that statelessness needs to be addressed as a matter of global distributive justice. Citizenship is not only a necessary good for an individual in a world carved into states but is also a human right and a status that should not be determined by states alone. In order to resolve their predicament, the stateless must have the right to choose to belong to the communities of their birth.
