Statelessness
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Understanding Statelessness
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Author : Tendayi Bloom
language : en
Publisher: Routledge
Release Date : 2017-08-04
Understanding Statelessness written by Tendayi Bloom and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.
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.
Nationality And Statelessness Under International Law
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Author : Alice Edwards
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-18
Nationality And Statelessness Under International Law written by Alice Edwards and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-18 with Law categories.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
International Refugee Law And The Protection Of Stateless Persons
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Author : Michelle Foster
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
International Refugee Law And The Protection Of Stateless Persons written by Michelle Foster and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
International Refugee Law and the Protection of Stateless Persons examines the extent to which the 1951 Convention relating to the Status of Refugees protectsde jure stateless persons. While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status. The questions addressed include the following: When is a person 'without a nationality' for the purpose of the 1951 Refugee Convention? What constitutes one's country of former habitual residence as a proxy to one's country of nationality? When does being stateless give rise to a well-founded fear of persecution for reasons specified in the 1951 Refugee Convention and/or UNHCR mandate? What are the circumstances under which statelessness constitutes persecution or inhuman or degrading treatment? How are courts assessing individual risk or threat to stateless persons? The book draws on historical and contemporary interpretation of international law based on the travaux préparatoires to the 1951 Refugee Convention and its antecedents, academic writing, UNHCR policy and legal documents, UN Human Rights Council resolutions, UN Human Rights Committee general comments, UN Secretary General reports, and UN General Assembly resolutions. It is also based on original comparative analysis of existing jurisprudence worldwide relating to claims to refugee status based on or around statelessness. By examining statelessness through the prism of international refugee law, this book fills a critical gap in existing scholarship.
Statelessness In The European Union
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Author : Caroline Sawyer
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-10
Statelessness In The European Union written by Caroline Sawyer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-10 with Law categories.
Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.
Nationality And Statelessness In International Law
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Author : Paul Weis
language : en
Publisher: BRILL
Release Date : 1979-12-13
Nationality And Statelessness In International Law written by Paul Weis and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979-12-13 with Law categories.
This second revised edition takes into account the decision of the International Court of Justice in the "Nottebohm Case" which was published just as the first edition was going to press and therefore received only cursory treatment. It also, of course, includes an analysis of international legislation adopted since 1955, including the 1961 UN Convention on the Reduction of Statelessness, the 1957 UN Convention on the Nationality of Married Women, and the 1966 International Covenant on Civil and Political Rights. The decisions of international tribunals and, in particular, of the Italian Conciliation Commissions are analysed. Finally, the author presents legislative, judicial and governmental practice during the twenty-two years. After beginning with a clear definition of terms, the author analyses the functions of nationality in international law, the relationship between municipal and international law and then the public international law of nationality. In this latter part, he examines international conventions, international custom and the principles of law generally recognized with regard to nationality. The book ends with a summary and conclusions dealing with the existing law and future developments.
Nationality Of Foundlings
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Author : Mai Kaneko-Iwase
language : en
Publisher: Springer Nature
Release Date : 2021-09-24
Nationality Of Foundlings written by Mai Kaneko-Iwase and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-24 with Law categories.
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
Protecting Stateless Persons
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Author : Katia Bianchini
language : en
Publisher: BRILL
Release Date : 2018-04-03
Protecting Stateless Persons written by Katia Bianchini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-03 with Law categories.
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.
Narratives Of Statelessness And Political Otherness
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Author : Barzoo Eliassi
language : en
Publisher: Springer Nature
Release Date : 2021-07-16
Narratives Of Statelessness And Political Otherness written by Barzoo Eliassi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-16 with Political Science categories.
This book argues that citizenship is an inadequate solution to the problem of statelessness based on a critical investigation of the lived experiences of Kurdish and Palestinian diasporas in western Europe. It examines how statelessness affects identity formations, homelessness, belonging, non-belonging, otherness, voices, status, (non)recognition, (dis)respect, (in)visibility and presence in the uneven world of nation-states. It also demonstrates that the undoing of non-sovereign identities’ subjection to structural subalternization and everyday inferiorization requires rights in excess of the mere acquisition of juridical citizenship, which tends to assume national sameness. That assumption in turn involves sovereign practices of denial and assimilation of ethnic alterity. The book therefore highlights the necessity of de-ethnicizing and decolonizing unitary nation-states that are based on the politico-cultural supremacy of a single, “core” ethnicity as the sovereign legislator of the rules and regimes of national belonging and un-belonging. It therefore broaches questions of “majority” and “minority,” mobility, nationalism, home-making, equality, difference and universalism in the context of the nation-state and illustrates how stateless peoples such as Kurds and Palestinians endure and challenge their subordinate position in a hierarchical (geo-)political order and how in so doing remain bound by political otherness.
Statelessness And Citizenship
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Author : Brad K. Blitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Statelessness And Citizenship written by Brad K. Blitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
'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.
Human Rights And The United Nations
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Author : Abigail B. Bakan
language : en
Publisher: Taylor & Francis
Release Date : 2025-03-17
Human Rights And The United Nations written by Abigail B. Bakan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-17 with Political Science categories.
This book considers the complex and contradictory role of the United Nations when it comes to human rights around the world. It depicts the United Nations as a global arena in which state and non-state actors continuously contest issues around human rights. This ongoing contestation simultaneously produces both advances and setbacks when it comes to the rights of stateless populations, women, Indigenous peoples, and racialized people, as well as rights related to health and the environment. Since the 1948 Universal Declaration of Human Rights and throughout various subsequent expansions, conventions and declarations, the United Nations has been central to the development and advancement of human rights as a primary, stated goal of global governance. However, there are various inherent contradictory tensions and challenges embedded in the United Nations promise for human rights. This timely collection investigates the United Nations’ role as knowledge producer, its relation to non-state actors, and the United Nations’ role as a system for grouping sovereign states, where there is uneven buy-in within non-binding agreements and tensions between national sovereignty and human rights. At a time when the world faces existential challenges from climate change to pandemics which disproportionately impact the world’s most vulnerable populations, this book addresses future challenges and possibilities for the United Nations. Human Rights and the United Nations: Paradox and Promise will be an important read for researchers and students across the fields of human rights, political science, international relations, and global development, as well as for United Nations and governmental policy analysts and advisors.