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AbstractHaving recently emerged from its unenviable status as the runt of international law, the phenomenon of statelessness nonetheless eludes traditional international legal instruments. Confronted with questions of nationality that typically fall within the domain of sovereignty, international and regional human rights bodies struggle to rein in the increasingly creative measures that states adopt to obscure the production and persistence of statelessness. This Article uncovers and dissects the different ways in which states manufacture statelessness not through explicitly discriminatory laws and unequal treatment, but through manipulating ostensibly neutral criteria for nationality. The Article identifies three such criteria that are not traditionally considered "suspect" categories for the grant or denial of nationality: time, territory, and administrative practice. It also suggests doctrinal, policy, and strategic tools for identifying and responding to the types of statelessness that are not a collateral consequence of state failure or incompetence, but the outcome of state intentionality.

This book discusses the fundamental issues of public law in the area of statelessness in the perspectives of comparative law and international-law standards, proposing an approach in which statelessness is not a homogeneous concept but is best analysed and responded to through the lens of different categories of statelessness.

Statelessness is a global phenomenon which is also present in the European Union. At the end of 2018, UNHCR estimated the total number of stateless persons in the European Union plus Norway at 399 283 individuals. This includes both stateless individuals and persons of undetermined nationality. UNHCR and UNICEF also estimate that, in 2017, there were 2 100 children registered stateless in Europe, a fourfold increase since 2010. Article 1 of the 1954 Convention Relating to the Status of Stateless Persons defines a stateless person as 'a person who is not considered as a national by any State under the operation of its law'. Statelessness is a legal anomaly, which can prevent those concerned from accessing fundamental human, civil, political, economic, social and cultural rights. As a result, such persons often live in conditions of protracted marginalisation and discrimination, facing numerous difficulties, such as the inability to receive medical assistance, enrol in educational programmes, acquire property, obtain legal employment, marry or open a bank account. Even though statelessness can occur in various contexts, its most common causes include state succession, ill-defined or discriminatory nationality laws, and arbitrary deprivation of nationality. Statelessness can also be a consequence of forced displacement and forced migration and can result when people face difficulties accessing civil registration documents, including birth certificates, necessary to acquire or confirm nationality.

Introduction : providing a framework for understanding statelessness / Tendayi Bloom, Katherine Tonkiss and Phillip Cole -- Worthy of rights : statelessness as a cause and symptom of marginalisation / Lindsey N. Kingston -- Contexts of statelessness : the concepts 'statelessness in situ' and 'statelessness in the migratory context' / Caia Vlieks -- Unpacking statelessness / Laura van Waas and Amal de Chickera -- The state and the stateless : the legacy of Hannah Arendt reconsidered / Brad K. Klitz -- Challenging the disunity of statelessness in the Middle East and North Africa / Zahra al Barazi and Jason Tucker -- Race-based statelessness in the Dominican Republic / Jillian Blake -- Statelessness, ungoverned spaces and security in Kenya / Oscar Gakuo Mwangi -- Citizenship, gender and statelessness in Nepal : before and after the 2015 Constitution / Subin Mulmi and Sara Shneiderman -- Members of colonised groups, statelessness and the right to have rights / Tendayi Bloom -- Recognition, nationality, and statelessness : state-based challenges for UNHCR's plan to end statelessness / Kelly Staples -- Why end statelessness? / Katja Swider -- Realising the rights of stateless persons : the doctrine of fiduciary duty and the role of municipal government / David Passarelli -- The right to family : protecting stateless children / Patti Tamara Lenard -- Statelessness and the performance of citizenship-as-nationality / Katherine Tonkiss -- Insider theory and the construction of statelessness / Phillip Cole.

Transcript of 30 th April, 2021 Speech at American Graduate School in Paris, Annual Student Conference: Statelessness in International Relations: Causes, Consequences, and Covid-19 Virtual Event

Cover -- Title Page -- Copyright -- Dedication -- Contents -- Introduction -- 1. From a Subject of Fiction to a Legal Reality -- 2. Postimperial States of Statelessness -- 3. Postimperial Foundations of Political Order -- 4. The Real Boundaries of Membership -- 5. A Condition of World Order -- 6. Nationalizing International Society -- Conclusion -- Abbreviations -- Notes -- Acknowledgments -- Index.