Statelessness

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Statelessness

Author : Mira L. Siegelberg
Publisher : Harvard University Press
ISBN 13 : 0674240510
Total Pages : 329 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Statelessness by : Mira L. Siegelberg

Download or read book Statelessness written by Mira L. Siegelberg and published by Harvard University Press. This book was released on 2020-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

Understanding Statelessness

Author : Tendayi Bloom
Publisher : Routledge
ISBN 13 : 1351779133
Total Pages : 459 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Understanding Statelessness by : Tendayi Bloom

Download or read book Understanding Statelessness written by Tendayi Bloom and published by Routledge. This book was released on 2017-08-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Alice Edwards
Publisher : Cambridge University Press
ISBN 13 : 110703244X
Total Pages : 325 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Nationality and Statelessness under International Law by : Alice Edwards

Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Statelessness and Citizenship

Author : Brad K. Blitz
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808996
Total Pages : 273 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Statelessness and Citizenship by : Brad K. Blitz

Download or read book Statelessness and Citizenship written by Brad K. Blitz and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Statelessness, governance, and the problem of citizenship

Author : Tendayi Bloom
Publisher : Manchester University Press
ISBN 13 : 1526156407
Total Pages : 551 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Statelessness, governance, and the problem of citizenship by : Tendayi Bloom

Download or read book Statelessness, governance, and the problem of citizenship written by Tendayi Bloom and published by Manchester University Press. This book was released on 2021-10-12 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Solving Statelessness

Author : Laura van Waas
Publisher : Wolf Legal Publishers
ISBN 13 : 9789462403468
Total Pages : 0 pages
Book Rating : 4.4/5 (34 download)

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Book Synopsis Solving Statelessness by : Laura van Waas

Download or read book Solving Statelessness written by Laura van Waas and published by Wolf Legal Publishers. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]

Nationality and Statelessness in the International Law of Refugee Status

Author : Eric Fripp
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259236
Total Pages : 413 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Nationality and Statelessness in the International Law of Refugee Status by : Eric Fripp

Download or read book Nationality and Statelessness in the International Law of Refugee Status written by Eric Fripp and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.

Exile, Statelessness, and Migration

Author : Seyla Benhabib
Publisher : Princeton University Press
ISBN 13 : 0691167257
Total Pages : 302 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Exile, Statelessness, and Migration by : Seyla Benhabib

Download or read book Exile, Statelessness, and Migration written by Seyla Benhabib and published by Princeton University Press. This book was released on 2018-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the intertwined lives and writings of a group of prominent twentieth-century Jewish thinkers who experienced exile and migration Exile, Statelessness, and Migration explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these thinkers produced one of the most brilliant and effervescent intellectual movements of modernity. Political philosopher Seyla Benhabib’s starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one’s ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? Benhabib isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century.

The Oxford Handbook of Citizenship

Author : Ayelet Shachar
Publisher : Oxford University Press
ISBN 13 : 0198805853
Total Pages : 897 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of Citizenship by : Ayelet Shachar

Download or read book The Oxford Handbook of Citizenship written by Ayelet Shachar and published by Oxford University Press. This book was released on 2017 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship.

Statelessness and Contemporary Enslavement

Author : Jane Gordon
Publisher : Routledge
ISBN 13 : 1000766063
Total Pages : 127 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Statelessness and Contemporary Enslavement by : Jane Gordon

Download or read book Statelessness and Contemporary Enslavement written by Jane Gordon and published by Routledge. This book was released on 2019-12-17 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have statelessness and contemporary enslavement become endemic since the 1990s? What is it about global political economic policies, protracted warfare, and migration rules and patterns that have so systemically increased these extreme forms of vulnerability? Why have intellectual communities largely ignored or fundamentally rejected the concepts of statelessness and contemporary enslavement? This book argues that statelessness and enslavement are not aberrations or radical exceptions. They have been and are endemic to Euromodern state systems. While victims are discrete outcomes of similar processes of the racialized debasement of citizenship, stateless people share the predicament of those most likely to be enslaved and the enslaved, even when formally free, often face situations of statelessness. Gordon identifies forcible inclusion of semi-sovereign nations, extralegal expulsion of people who cannot be repatriated, and the concentrated erosion of the rights of full-fledged citizens as the primary modes through which people experience degrees of statelessness. She argues for the political value of seeing the connections among these discrete forms. With enslavement, she insists that while the centuries-long practice has taken on some new guises necessary to its profitability in the current global economy, what and who it involves have remained remarkably consistent. Rather than focusing on slavery as a radical and exceptional extreme of abuse or coercion, Gordon contends that we can understand contemporary slavery’s specificity most usefully through considering its defining dimensions together with those of wage laborers and guest workers. Gordon concludes that appreciation of the situation of the stateless and of the enslaved should fundamentally orient our thinking about viable contemporary conceptions of consent and of the kinds of twenty-first-century political institutions that would make it harder for some to make the vulnerability of others so lucrative.

Statelessness and Citizenship

Author : Victoria Redclift
Publisher : Routledge
ISBN 13 : 1136220313
Total Pages : 257 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Statelessness and Citizenship by : Victoria Redclift

Download or read book Statelessness and Citizenship written by Victoria Redclift and published by Routledge. This book was released on 2013-06-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be a citizen? In depth research with a stateless population in Bangladesh has revealed that, despite liberal theory’s reductive vision, the limits of political community are not set in stone. The Urdu-speaking population in Bangladesh exemplify some of the key problems facing uprooted populations and their experience provides insights into the long term unintended consequences of major historical events. Set in a site of camp and non-camp based displacement, it illustrates the nuances of political identity and lived spaces of statelessness that Western political theory has too long hidden from view. Using Bangladesh as a case study, Statelessness and Citizenship: Camps and the creation of political space argues that the crude binary oppositions of statelessness and citizenship are no longer relevant. Access to and understandings of citizenship are not just jurally but socially, spatially and temporally produced. Unpicking Agamben’s distinction between ‘political beings’ and ‘bare life’, the book considers experiences of citizenship through the camp as a social form. The camps of Bangladesh do not function as bounded physical or conceptual spaces in which denationalized groups are altogether divorced from the polity. Instead, citizenship is claimed at the level of everyday life, as the moments in which formal status is transgressed. Moreover, once in possession of ‘formal status’ internal borders within the nation-state render ‘rights-bearing citizens’ effectively ‘stateless’, and the experience of ‘citizens’ is very often equally uneven. While ‘statelessness’ may function as a cold instrument of exclusion, certainly, it is neither fixed nor static; just as citizenship is neither as stable nor benign as the dichotomy would suggest. Using these insights, the book develops the concept of ‘political space’ – an analysis of the way history and space inform the identities and political subjectivity available to people. In doing so, it provides an analytic approach of relevance to wider problems of displacement, citizenship and ethnic relations. Shortlisted for this year’s BSA Philip Abrams Memorial Prize.

Nationality and Statelessness in International Law

Author : Paul Weis
Publisher : BRILL
ISBN 13 : 9789028603295
Total Pages : 394 pages
Book Rating : 4.6/5 (32 download)

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Book Synopsis Nationality and Statelessness in International Law by : Paul Weis

Download or read book Nationality and Statelessness in International Law written by Paul Weis and published by BRILL. This book was released on 1979-12-13 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Narratives of Statelessness and Political Otherness

Author : Barzoo Eliassi
Publisher : Springer Nature
ISBN 13 : 3030766985
Total Pages : 304 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Narratives of Statelessness and Political Otherness by : Barzoo Eliassi

Download or read book Narratives of Statelessness and Political Otherness written by Barzoo Eliassi and published by Springer Nature. This book was released on 2021-07-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in the Caribbean

Author : Kristy A. Belton
Publisher : University of Pennsylvania Press
ISBN 13 : 0812294327
Total Pages : 284 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Statelessness in the Caribbean by : Kristy A. Belton

Download or read book Statelessness in the Caribbean written by Kristy A. Belton and published by University of Pennsylvania Press. This book was released on 2017-08-25 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without citizenship from any country, more than 10 million people worldwide are unable to enjoy the rights, freedoms, and protections that citizens of a state take for granted. They are stateless and formally belong nowhere. The stateless typically face insurmountable obstacles in their ability to be self-determining agents and are vulnerable to a variety of harms, including neglect and exploitation. Through an analysis of statelessness in the Caribbean, Kristy A. Belton argues for the reconceptualization of statelessness as a form of forced displacement. Belton argues that the stateless—those who are displaced in place—suffer similarly to those who are forcibly displaced, but unlike the latter, they are born and reside within the country that denies or deprives them of citizenship. She explains how the peculiar form of displacement experienced by the stateless often occurs under nonconflict and noncrisis conditions and within democratic regimes, all of which serve to make such people's plight less visible and consequently heightens their vulnerability. Statelessness in the Caribbean addresses a number of current issues including belonging, migration and forced displacement, the treatment and inclusion of the ethnic and racial "other," the application of international human rights law and doctrine to local contexts, and the ability of individuals to be self-determining agents who create the conditions of their own making. Belton concludes that statelessness needs to be addressed as a matter of global distributive justice. Citizenship is not only a necessary good for an individual in a world carved into states but is also a human right and a status that should not be determined by states alone. In order to resolve their predicament, the stateless must have the right to choose to belong to the communities of their birth.

Retheorising Statelessness

Author : Kelly Staples
Publisher : Edinburgh University Press
ISBN 13 : 074866906X
Total Pages : 200 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Retheorising Statelessness by : Kelly Staples

Download or read book Retheorising Statelessness written by Kelly Staples and published by Edinburgh University Press. This book was released on 2012-07-18 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stateless persons are increasingly a concern of governments, international agencies and NGOs. Now, Kelly Staples supplies a much-needed political theorization of statelessness. Her membership theory framework combines theory and contemporary case studies to demonstrate the connection between the protections of state membership, the burdens of statelessness and the situation of stateless persons.

Nationality of Foundlings

Author : Mai Kaneko-Iwase
Publisher : Springer Nature
ISBN 13 : 9811630054
Total Pages : 462 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Nationality of Foundlings by : Mai Kaneko-Iwase

Download or read book Nationality of Foundlings written by Mai Kaneko-Iwase and published by Springer Nature. This book was released on 2021-09-24 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Children Without a State

Author : Jacqueline Bhabha
Publisher : MIT Press
ISBN 13 : 0262015277
Total Pages : 393 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Children Without a State by : Jacqueline Bhabha

Download or read book Children Without a State written by Jacqueline Bhabha and published by MIT Press. This book was released on 2011 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text identifies three contemporary manifestations of stateless: legal statelessness, de facto statelessness and effective statelessness. The book provides a variety of examples, including chapters on Palestinian children in Israel including undocumented young people seeking higher education in the United States.