Nationality Matters: Statelessness under International Law. By Laura van Waas
In: Journal of refugee studies, Band 22, Heft 4, S. 530-533
ISSN: 0951-6328
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In: Journal of refugee studies, Band 22, Heft 4, S. 530-533
ISSN: 0951-6328
In: Studies in International Law Series
In: Max Planck Institute for Social Anthropology Working Papers No. 203
Migrants and asylum seekers have been at the forefront of international, regional, and national debates for nearly two decades. During this period, the challenges related to their protection needs have been widely researched and the body of literature has become very vast. However, many issues remain underexplored, both in specialized migration literature and socio-legal analysis. Within this context, the overarching aim of this working paper is to provide a literature review on key protection issues in refugee law and contribute to the academic debates on the limitations of the existing legal provisions. By reviewing mostly legal and, to a lesser degree, social science studies, the paper highlights the shortcomings of the law, encompassing both legal gaps and implementation problems in two main thematic areas that affect EU member states individually or the EU as a whole – namely access to the territory and access to asylum once in the country of refuge. The paper concludes with some remarks on the status of the current scholarship and hopes to establish the basis for future interdisciplinary research in legal and social sciences.
In: International refugee law series Volume 11
The scope of the book -- The problem of statelessness and the international response -- Protecting stateless persons : strengths and weaknessess of the 1954 convention -- Building a cross-national comparison of incorporation of the 1954 convention in national legal systems -- Procedures to determine statelessness in states under category one -- General standards to determine statelessness in states under category two -- Procedures and practice in states with no provisions to identify stateless persons in states under category three -- The implementation of the definition of 'stateless person' -- Grant of status and rights -- Summary and comparative analysisi of the implementation of the 1954 convention -- Beyond the 1954 convention : reflections on the wider issue of implementation of human rights treaties -- Recommendations towards best practices
"This timely book offers an in-depth exploration of state partitions and the history of nationalism in Europe from the Enlightenment onwards. Stefano Bianchini compares traditional national democratic development to the growing transnational demands of representation with a focus on transnational mobility and empathy versus national localism against the EU project. In an era of multilevel identity, global economic and asylum seeker crises, nationalism is becoming more liquid which in turn strengthens the attractiveness of 'ethnic purity' and partitions, affects state stability, and influences the nature of democracy in Europe. The result may be exposure to the risk of new wars, rather than enhanced guarantees of peace." -- rear cover
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