Understanding Statelessness

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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.

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Genre : Political Science
Author : Tendayi Bloom
Publisher : Routledge
Release : 2017-08-04
File : 459 Pages
ISBN-13 : 9781351779135


Nationality And Statelessness In International Law

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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.

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Genre : Law
Author : Paul Weis
Publisher : BRILL
Release : 1979-12-13
File : 394 Pages
ISBN-13 : 9028603298


International Refugee Law And The Protection Of Stateless Persons

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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.

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Genre : Law
Author : Michelle Foster
Publisher : Oxford University Press
Release : 2019-04-04
File : 289 Pages
ISBN-13 : 9780192515544


Nationality And Statelessness In The International Law Of Refugee Status

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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.

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Genre : Law
Author : Eric Fripp
Publisher : Bloomsbury Publishing
Release : 2016-09-22
File : 413 Pages
ISBN-13 : 9781782259237


Stateless Commerce

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In Stateless Commerce, Barak Richman uses the colorful case study of the diamond industry to explore how ethnic trading networks operate and why they persist in the twenty-first century. How, for example, does the 47th Street diamond district in midtown Manhattan—surrounded by skyscrapers and sophisticated financial institutions—continue to thrive as an ethnic marketplace that operates like a traditional bazaar? Conventional models of economic and technological progress suggest that such primitive commercial networks would be displaced by new trading paradigms, yet in the heart of New York City the old world persists. Richman’s explanation is deceptively simple. Far from being an anachronism, 47th Street’s ethnic enclave is an adaptive response to the unique pressures of the diamond industry. Ethnic trading networks survive because they better fulfill many functions usually performed by state institutions. While the modern world rests heavily on lawyers, courts, and state coercion, ethnic merchants regularly sell goods and services by relying solely on familiarity, trust, and community enforcement—what economists call “relational exchange.” These commercial networks insulate themselves from the outside world because the outside world cannot provide those assurances. Extending the framework of transactional cost and organizational economics, Stateless Commerce draws on rare insider interviews to explain why personal exchange succeeds, even as most global trade succumbs to the forces of modernization, and what it reveals about the limitations of the modern state in governing the economy.

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Genre : Art
Author : Barak Richman
Publisher : Harvard University Press
Release : 2017-06-19
File : 237 Pages
ISBN-13 : 9780674972179


From Syria To Europe Experiences Of Stateless Kurds And Palestinian Refugees From Syria Seeking Protection In Europe

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Syria has been the country of origin of the largest number of asylum seekers in the EU every year since 2013. Given the long-standing existence of stateless communities in Syria, it is evident that there are stateless refugees among those displaced by the con ict and ending up in Europe. Against this background, this report explores the treatment of stateless refugees from Syria within the European asylum system, outlining the particular challenges they face and discussing related law and policy gaps. Building on existing research about the situation of stateless refugees and those at risk of statelessness in the neighbouring Middle Eastern countries, this study focuses on the ‘Greece corridor’ - the most common route for Syrians coming to Europe - as a framework through which to analyse the experiences of stateless Syrians in the EU. Within this ‘corridor’, the research focuses on two countries – Greece and the Netherlands – where in-depth interviews were conducted with stateless Palestinians and stateless Kurds from Syria who have arrived in Europe within the recent migration ow. eir testimonies help us to better understand the implications of the approach of relevant stakeholders, policies and procedures to the treatment of stateless refugees from Syria.

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Genre : Social Science
Author : Thomas McGee
Publisher : Institute on Statelessness and Inclusion (ISI) & European Statelessness Network (ENS) & ASKV Refugee Support
Release : 2019-01-01
File : 31 Pages
ISBN-13 :


A Summary Of The Convention Relating To The Status Of Stateless Persons 1954

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I would like to express my heartfelt gratitude to all those who contributed to the completion of this book, "A Summary of the Convention Relating to the Status of Stateless Persons, 1954." It is through their support, encouragement and valuable resources that this project was made possible. First and foremost, I extend my sincere appreciation to the United Nations High Commissioner for Refugees (UNHCR) for providing an invaluable source of information and data on the Convention relating to the Status of Stateless Persons. The wealth of knowledge and resources available on the UNHCR website, particularly at https://www.unhcr.org, has been instrumental in the research and writing of this book. I am deeply grateful to my friends and family for their unwavering support, understanding and encouragement throughout the writing process. Your belief in me and this project has been a constant source of motivation. This book would not have been possible without the collaborative efforts of the individuals and organizations mentioned above. I am truly grateful for your support and contributions.

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Genre : Political Science
Author : Sanjay Agarwala
Publisher : Lakshyavedh Publications
Release : 2023-11-14
File : 42 Pages
ISBN-13 : 9789360134983


Reconceptualising The Rule Of Law In Global Governance Resources Investment And Trade

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The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.

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Genre : Law
Author : Photini Pazartzis
Publisher : Bloomsbury Publishing
Release : 2016-06-30
File : 700 Pages
ISBN-13 : 9781509901791


Research Handbook On Child Migration

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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.

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Genre : Political Science
Author : Jacqueline Bhabha
Publisher : Edward Elgar Publishing
Release : 2018-08-31
File : 553 Pages
ISBN-13 : 9781786433701


A Study Of Statelessness

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Genre : Refugees
Author : United Nations. Department of Social Affairs
Publisher :
Release : 1949
File : 222 Pages
ISBN-13 : STANFORD:36105120821348