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Solving Statelessness

Solving Statelessness
Author: Laura van Waas
Publisher: Wolf Legal Publishers
Total Pages: 0
Release: 2017
Genre: Citizenship
ISBN: 9789462403468

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Since the 1990s, interest in statelessness has been steadily increasing within academia, among governments, at the UN, and among civil society organizations. Research projects, mapping studies, and doctrinal discussions have helped to clarify the challenges faced, as well as what is at stake. This has led to a fresh sense of purpose in addressing the issue. Spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024, there is a growing international movement engaged in finding solutions. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stock-taking to inspire solutions. As Volker Tuerk outlines in his introduction to this ground-breaking publication: The global debates have moved beyond the need to explain the problem and its causes and consequences. The time has come to accelerate the momentum to implement durable solutions effectively. The essays collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address this issue. The first part of the book has a thematic focus, exploring perspectives, tools, and techniques for solving statelessness across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments, and innovations set against the backdrop of the broader context of a global campaign to solve statelessness. With contributions from both scholars and practitioners, this book will be of interest to anyone engaged in studying or implementing solutions for statelessness, including researchers, government policy-makers, staff of international or regional inter-governmental bodies and UN agencies, grass-roots and international civil society organizations, legal practitioners, and advanced-level students. [Subject: Human Rights Law, Statelessness, Politics]


SOLVING STATELESSNESS IN MYANMAR

SOLVING STATELESSNESS IN MYANMAR
Author: Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
Publisher: Lulu.com
Total Pages: 258
Release: 2020-01-20
Genre: Law
ISBN: 179487996X

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When the Nu-Atlee Agreement decolonized Burma (Myanmar), the option to refuse the nationality for the new state and chose another nationality had not been given to the minorities of Burma (Myanmar). Before the independence of Myanmar, all the peoples including the minorities were under the protection of the Article 73 of the UN Charter. When the minorities of Burma (Myanmar) became stateless by decolonization, this is against the "object and purposes" of Article 73 of the UN Charter that can never be "sacrificed." Decolonization is based on the principle, "leaving no one behind" for the right of the peoples to self-determination. The UN and the international community as a whole under the erga omnes responsibility for the protection of the Nu-Atlee Agreement on the base that "no derogation shall be allowed from the right of the peoples to self- determination."


Nationality and Statelessness under International Law

Nationality and Statelessness under International Law
Author: Alice Edwards
Publisher: Cambridge University Press
Total Pages: 325
Release: 2014-09-18
Genre: Law
ISBN: 110703244X

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This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.


Statelessness, governance, and the problem of citizenship

Statelessness, governance, and the problem of citizenship
Author: Tendayi Bloom
Publisher: Manchester University Press
Total Pages: 552
Release: 2021-10-12
Genre: Law
ISBN: 1526156407

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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.


Nationality of Foundlings

Nationality of Foundlings
Author: Mai Kaneko-Iwase
Publisher: Springer Nature
Total Pages: 462
Release: 2021-09-24
Genre: Law
ISBN: 9811630054

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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.


The World's Stateless

The World's Stateless
Author: Institute on Statelessness and Inclusion
Publisher:
Total Pages: 552
Release: 2017
Genre: Law
ISBN: 9789462403659

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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


Understanding Statelessness

Understanding Statelessness
Author: Tendayi Bloom
Publisher: Routledge
Total Pages: 459
Release: 2017-08-04
Genre: Political Science
ISBN: 1351779133

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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.


Safeguarding Against Statelessness at Birth

Safeguarding Against Statelessness at Birth
Author: Rodziana Mohamed Razali
Publisher: Springer Nature
Total Pages: 286
Release: 2023-01-01
Genre: Law
ISBN: 9811953716

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This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.


Statelessness

Statelessness
Author: William Conklin
Publisher: Bloomsbury Publishing
Total Pages: 510
Release: 2014-12-01
Genre: Law
ISBN: 1782253742

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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.


Statelessness

Statelessness
Author: William Samore
Publisher:
Total Pages: 272
Release: 1950
Genre: Statelessness
ISBN:

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