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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Statelessness: The Enigma of the International Community

ISBN13: 9781849465076
Published: April 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9781849469692

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Statelessness poses the enigma of a widespread absence of membership in an international community claiming universal standards for all natural persons. After identifying profound legal, social and economic consequences of the enigma, Conklin critically evaluates the traditional efforts to recognise and reduce statelessness. The problem, he argues, rests in the obligatory nature of a law, domestic or international.

By closely analysing a remarkably broad spectrum of court and tribunal judgments from many jurisdictions across the globe, Conklin explains how two international law discourses, the one discourse inside the other, struggle as to the nature of an international community. The legal bond of the one community rests in a state's determination of one's allegiance to the state. Such a bond justifies the state's freedom to confer, withdraw or withhold one's nationality.

This international community hereby incorporates a state's freedom over nationality matters, risking statelessness. The other international community highlights a legal bond of socially experienced relationships. Such a bond, judicially named 'effective nationality', exists independent of allegiance. Because the legal bond as social bonding exists independent of the wills of states, all states are legally obligated to protect stateless persons. Harm to a stateless person represents harm to the international community as a whole.

Public International Law
Table of Contents
1. A Coded Proscription against Withdrawal of Nationality
2. The Discursive Contingency of an International Community
3. The Consequences of Statelessness
4. The Reserved Domain for the Treaty Right to Nationality
5. Customary Norms and a Right to Nationality
6. The Legal Bond
7. Does a Stateless Person have a Country?
8. The State Obligation to Protect Stateless Persons
9. The International Community as a Whole
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