Solving Statelessness

Author: Laura Van Waas,Melanie J. Khanna

Publisher: Wolf Legal Publishers

ISBN: 9789462403468

Category:

Page: 466

View: 3214

Interest in statelessness has been steadily increasing since the late 1990s - within academia, among governments, at the UN and among civil society organisations. Research projects, mapping studies and doctrinal discussions have helped to clarify the challenges faced and our understanding of what is at stake. This has led to a fresh sense of purpose in addressing the issue and there is now a growing international movement engaged in finding solutions, spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stocktaking 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 which have been 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 the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant 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, the book is likely to 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 organisations, legal practitioners and advanced-level students.

Statelessness

The Enigma of the International Community

Author: William E Conklin

Publisher: Bloomsbury Publishing

ISBN: 1782253734

Category: Law

Page: 372

View: 3818

'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 and Citizenship

A Comparative Study on the Benefits of Nationality

Author: Brad K. Blitz,Maureen Lynch

Publisher: Edward Elgar Publishing

ISBN: 1849808996

Category: Political Science

Page: 272

View: 1020

'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.

Research Handbook on Child Migration

Author: Jacqueline Bhabha,Jyothi Kanics,Daniel Senovilla Hernández

Publisher: Edward Elgar Publishing

ISBN: 1786433702

Category: Political Science

Page: 560

View: 9040

The scope and complexity of child migration have only recently emerged as a critical factors in global migration. This volume assembles for the first time a richly interdisciplinary body of work, drawing on contributions from renowned scholars, eminent practitioners and prominent civil society advocates from across the globe and from a wide range of different mobility contexts. Their invaluable pedagogical tools and research documents demonstrate the urgency and breadth of this important new aspect of international human mobility in our global age.

Contemporary Human Rights Challenges

The Universal Declaration of Human Rights and its Continuing Relevance

Author: Carla Ferstman,Tony Gray

Publisher: Routledge

ISBN: 1351107119

Category: Law

Page: 238

View: 3195

The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary General Audrey Azoulay and the former Archbishop of Canterbury Rowan Williams, this collection of essays, Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance, by leading international experts offers a timely contemporary view on the UDHR and its continuing relevance to today’s issues. Reflecting the structure of the UDHR, the chapters, written by 28 academics, practitioners and activists, bring a contemporary perspective to the original principles proclaimed in the Declaration’s 30 Articles. It will be a stimulating accessible read, with real world examples, for anyone involved in thinking about, designing or applying public policy, particularly government officials, politicians, lawyers, journalists and academics and those engaged in promoting social justice. Examined through these universal principles, which have enduring relevance, the authors grapple with some of today’s most pressing challenges, some of which, for example equality and gender related rights, would not have been foreseen by the original drafters of the Declaration, who included Eleanor Roosevelt, René Cassin and John Humphrey. The essays cover a wide range of topics such as an individual’s right to privacy in a digital age, freedom to practise one’s religion and the right to redress, and make a compelling and detailed argument for the on-going importance and significance of the Declaration and human rights in our rapidly changing world.

Protecting Stateless Persons

The Implementation of the Convention Relating to the Status of Stateless Persons across EU States

Author: Katia Bianchini

Publisher: BRILL

ISBN: 9004362908

Category: Political Science

Page: 398

View: 6908

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers a study of legislation, case-law and decision-making concerning the protection of stateless persons in ten EU Member States.

In Search of Home

Author: Stephanie Hanes

Publisher: Pulitzer Center

ISBN: 0985674504

Category: History

Page: N.A

View: 1483

Nationality and Statelessness under International Law

Author: Alice Edwards,Laura van Waas

Publisher: Cambridge University Press

ISBN: 1316062406

Category: Law

Page: N.A

View: 7559

Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

Transnational Legality

Stateless Law and International Arbitration

Author: Thomas Schultz,Thomas Schultz (Lawyer)

Publisher: Oxford University Press

ISBN: 0199641951

Category: Law

Page: 205

View: 9071

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Genealogies of Citizenship

Markets, Statelessness, and the Right to Have Rights

Author: Margaret R. Somers

Publisher: Cambridge University Press

ISBN: 0521790611

Category: History

Page: 338

View: 4667

This book is an ambitious intertwining of multidisciplinary themes about citizenship, social exclusion, statelessness, civil society, knowledge, the public sphere, networks and narrativity. Margaret Somers offers a fundamental rethinking of democracy, freedom, rights and social justice in today's world. This is political, economic and cultural sociology and social theory at its best.

Stateless in the Gulf

Migration, Nationality and Society in Kuwait

Author: Claire Beaugrand

Publisher: I.B.Tauris

ISBN: 1786723239

Category: History

Page: 336

View: 9713

The Kuwaiti population includes around 100,000 people – approximately 10 per cent of the Kuwaiti nationals –whose legal status is contested. Often considered ‘stateless’, they have come to be known in Kuwait as biduns, from ‘bidun jinsiyya’, which means literally ‘without nationality’ in Arabic. As long-term residents with close geographical ties and intimate cultural links to the emirate, the biduns claim that they are entitled to Kuwaiti nationality because they have no other. But since 1986 the State of Kuwait, has considered them ‘illegal residents’ on Kuwaiti territory. As a result, the biduns have been denied civil and human rights and treated as undocumented migrants, with no access to employment, health, education or official birth and death certificates. It was only after the first-ever bidun protest in 2011, that the government softened restrictions imposed upon them. Claire Beaugrand argues here that, far from being an anomaly, the position of the biduns is of central importance to the understanding of state formation processes in the Gulf countries, and the ways in which identity and the boundaries of nationality are negotiated and concretely enacted.

Null States

A Novel

Author: Malka Older

Publisher: Tor.com

ISBN: 0765393387

Category: Fiction

Page: 432

View: 712

"Kinetic and gripping" —NPR on Infomocracy Null States continues Campbell Award finalist Malka Older's Centenal Cycle, the near-future science fiction trilogy beginning with Infomocracy • A Locus Award Finalist for Best First Novel • The book The Huffington Post called "one of the greatest literary debuts in recent history" • Named one of the best books of the year by The Washington Post, The Verge, Flavorwire, Kirkus, and Book Riot The future of democracy is about to implode. After the last controversial global election, the global infomocracy that has ensured thirty years of world peace is fraying at the edges. As the new Supermajority government struggles to establish its legitimacy, agents of Information across the globe strive to keep the peace and maintain the flows of data that feed the new world order. In the newly-incorporated DarFur, a governor dies in a fiery explosion. In Geneva, a superpower hatches plans to bring microdemocracy to its knees. In Central Asia, a sprawling war among archaic states threatens to explode into a global crisis. And across the world, a shadowy plot is growing, threatening to strangle Information with the reins of power.

Understanding Statelessness

Author: Tendayi Bloom

Publisher: Taylor & Francis

ISBN: 1351779141

Category:

Page: N.A

View: 7755

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.

Head First EJB

Passing the Sun Certified Business Component Developer Exam

Author: Kathy Sierra,Bert Bates

Publisher: "O'Reilly Media, Inc."

ISBN: 9780596005719

Category: Computers

Page: 700

View: 4216

A guide to JavaBeans provides more than two hundred questions and answers to help readers pass the Sun Certified Business Component Developer exam.

The World's Stateless

Children

Author: Institute on Statelessness and Inclusion

Publisher: N.A

ISBN: 9789462403659

Category: Illegal alien children

Page: 552

View: 5176

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

Children Without a State

A Global Human Rights Challenge

Author: Jacqueline Bhabha

Publisher: MIT Press

ISBN: 0262015277

Category: Political Science

Page: 376

View: 1283

The first book to address children's statelessness and lack of legal status as a human rights issue. Children are among the most vulnerable citizens of the world, with a special need for the protections, rights, and services offered by states. And yet children are particularly at risk from statelessness. Thirty-six percent of all births in the world are not registered, leaving more than forty-eight million children under the age of five with no legal identity and no formal claim on any state. Millions of other children are born stateless or become undocumented as a result of migration. Children Without a State is the first book to examine how statelessness affects children throughout the world, examining this largely unexplored problem from a human rights perspective. The human rights repercussions explored range from dramatic abuses (detention and deportation) to social marginalization (lack of access to education and health care). The book provides a variety of examples, including chapters on Palestinian children in Israel, undocumented young people seeking higher education in the United States, unaccompanied child migrants in Spain, Roma children in Italy, irregular internal child migrants in China, and children in mixed legal/illegal families in the United States.

International Governance

Protecting the Environment in a Stateless Society

Author: Oran R. Young

Publisher: Cornell University Press

ISBN: 9780801481765

Category: Political Science

Page: 221

View: 5241

How can the global environment be safeguarded in the absence of a world government? In the vanguard of efforts to address this critical question, Oran R. Young draws on environmental issues to explore the nature of international governance. Young's analysis invokes the distinction between "governance," a social function involving the management of interdependent individuals or groups, and "government," a set of formal organizations that makes and enforces rules.

RESTful Web Services Cookbook

Solutions for Improving Scalability and Simplicity

Author: Subbu Allamaraju

Publisher: "O'Reilly Media, Inc."

ISBN: 9781449388843

Category: Computers

Page: 316

View: 7379

While the REST design philosophy has captured the imagination of web and enterprise developers alike, using this approach to develop real web services is no picnic. This cookbook includes more than 100 recipes to help you take advantage of REST, HTTP, and the infrastructure of the Web. You'll learn ways to design RESTful web services for client and server applications that meet performance, scalability, reliability, and security goals, no matter what programming language and development framework you use. Each recipe includes one or two problem statements, with easy-to-follow, step-by-step instructions for solving them, as well as examples using HTTP requests and responses, and XML, JSON, and Atom snippets. You'll also get implementation guidelines, and a discussion of the pros, cons, and trade-offs that come with each solution. Learn how to design resources to meet various application scenarios Successfully design representations and URIs Implement the hypertext constraint using links and link headers Understand when and how to use Atom and AtomPub Know what and what not to do to support caching Learn how to implement concurrency control Deal with advanced use cases involving copying, merging, transactions, batch processing, and partial updates Secure web services and support OAuth