Nationality Matters

This study is devoted to answering the question whether the international community now has the necessary tools at its disposal to respond effectively to the issue of statelessness. It investigates 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.
Author(s):
Laura van Waas
Series:
School of Human Rights Research Series
Volume:
29
book | published | 1st edition
November 2008 | xi + 504 pp.

Paperback
€69.-


ISBN 9789050958547


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Details

Awarded with Max van der Stoel Human Rights Award 2009

It is a familiar and irrefutable fact that the world we live in today is marked with divisions. Border posts, frontier patrols and even elaborate fencing establish the dividing lines between the territory of one state and the next. Meanwhile, partitions have also been created between people. Individuals do not (just) exist as isolated beings, they are connected to one state or another through the legal bond of membership, nationality. But these divisions are not watertight. Just as there is the occasional slither of no-man’s land between two countries, there are also individuals who remain unclaimed by any state. 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. This study 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.

Chapters

Table of Contents (p. 0)

PART 1. WHY STATELESSNESS?

CHAPTER I. NATIONALITY MATTERS: AN INTRODUCTION (p. 1)

CHAPTER II. THE STATELESSNESS PHENOMONON AND A FIRST ENCOUNTER WITH THE INTERNATIONAL RESPONSE (p. 7)

PART 2. PREVENTING STATELESSNESS

CHAPTER III. BACKGROUND TO PREVENTING STATELESSNESS (p. 29)

CHAPTER IV. ADDRESSING THE TECHNICAL CAUSES OF STATELESSNESS (p. 49)

CHAPTER V. ADDRESSING STATELESSNESS RESULTING FROM THE ARBITRARY DEPRIVATION OF NATIONALITY (p. 93)

CHAPTER VI. ADDRESSING STATELESSNESS IN THE CONTEXT OF STATE SUCCESSION (p. 121)

CHAPTER VII. ADDRESSING THE “NEW” CAUSES OF STATELESSNESS (p. 151)

CHAPTER VIII. INTERNATIONAL LAW AND THE PREVENTION OF STATELESSNESS (p. 193)

PART 3. PROTECTING STATELESS PERSONS

CHAPTER IX. BACKGROUND TO PROTECTING STATELESS PERSONS (p. 215)

CHAPTER X. PROTECTING THE CIVIL AND POLITICAL RIGHTS OF STATELESS PERSONS (p. 235)

CHAPTER XI. PROTECTING THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE STATELESS (p. 301)

CHAPTER XII. PROTECTING THE SPECIAL NEEDS OF THE STATELESS (p. 359)

CHAPTER XIII. INTERNATIONAL LAW AND THE PROTECTION OF STATELESS PERSONS (p. 389)

PART 4 WHAT FUTURE FOR THE STATELESSNESS CONVENTIONS?

CHAPTER XIV. FINAL OBSERVATIONS (p. 411)

ANNEX 1. The 1961 Convention on the Reduction of Statelessness (p. 437)

ANNEX 2. The 1954 Convention relating to the Status of Stateless Persons (p. 445)

ANNEX 3. Schematic overview of the 1954 Statelessness Convention (p. 455)

Summary (p. 457)

Samenvatting (Dutch summary) (p. 463)

Bibliography (p. 469)

Index (p. 493)

Curriculum Vitae (p. 499)

School of Human Rights Research Series (p. 501)

About the series:

School of Human Rights Research Series

The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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