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Vol 21 No 10 Oct/Nov 2016

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Statelessness: The Enigma of the International Community


ISBN13: 9781849469692
Published: August 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £24.99
Hardback edition , ISBN13 9781849465076



Low stock.

'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.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
Introduction

I. Two Communities
II. Who is Stateless?
III. The Extent of Statelessness
IV. Efforts to Eradicate Statelessness
V. Legal Obligation and an International Community
VI. My Approach
VII. Overview of the Book

1. Two International Communities
I. What is an International Community?
II. The International Community as the Aggregate of the Wills of States
III. Destabilization of the International Community as the Aggregated Wills of State Members
IV. Legal Obligation and Statelessness
V. Conclusion

2. The Discursive Contingency of an International Community
I. The Emergence of an Early International Community of States
II. The Role of the Natural Person in the Early Modern International Community
III. The Bounded Residuary
IV. The Emergence of the Judicial Doctrine of Reserved Domain
V. The Content of the Reserved Domain
VI. Conclusion

3. The Consequences of Statelessness
I. Consequences of the 'Operation' of Nationality Law
II. The Absence of Legal Protection
III. The Consequences for Three Groups
IV. Social, Economic and Psychological Consequences
V. Conclusion

4. The Reserved Domain for the Treaty Right to Nationality
I. Introduction
II. The Statelessness Treaties
III. The Human Rights Treaties
IV. The Priority of the Reserved Domain over the Right to Nationality
V. The Limitations Clauses
VI. The Non-derogation Clauses
VII. Conclusion

5. Customary Norms and a Right to Nationality
I. A Sense of Obligation
II. State Practices
III. The Problem of an Empty International Community
IV. The International Community as a Whole
V. Conclusion

6. The Legal Bond
I. Legal Obligation
II. The Discursive Struggle
III. The Legal Bond as a Social Bond: Nottebohm
IV. The Discursive Tradition of Effective Nationality
V. Evidence of Social Bonds as Legal Bond
VI. The Judicial Scrutiny of Social Relationships
VII. Conclusion

7. Does a Stateless Person have a Country?
I. Habitual Residence
II. One's Own Country as the Place of One's Social Bonding
III. Conclusion

8. The State Obligation to Protect Stateless Persons
I. Legal Obligation and the Aggregated International Community
II. The Displacement of the Boundary
III. The Role of the Courts with Regard to Stateless Persons
IV. What is 'the Operation of Its Law'?
V. The Legal Obligation to Protect Stateless Persons
VI. Conclusion

9. The International Community as a Whole
I. The Character of the International Community as a Whole
II. A Community
III. The Existence Conditions of the International Community as a Whole
IV. Legal Objectivity
V. Legal Subjectivity
VI. Harm to Stateless Persons as Harm to the International Community as a Whole
VII. Conclusion

Conclusion
I. The Territorial Knowledge of Legal Space
II. The Obligatory Character of Nationality Law
III. The International Community as a Whole

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
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Revisiting the Concept of Defence in the Jus Ad Bellum: The Dual Face of Defence ISBN 9781509906970
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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Security and International Law ISBN 9781849466349
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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Diplomatic Interference and the Law ISBN 9781849464369
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
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Non-State Actors in International Law ISBN 9781849465113
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£95.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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£63.00
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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£49.99 + £10.00 VAT
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
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£54.16 + £10.83 VAT
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Promises of States under International Law ISBN 9781849462327
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£80.00
Promises of States under International Law (eBook) ISBN 9781847318787
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
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£58.00
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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£65.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
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£50.00
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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£27.99
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
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£73.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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£70.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
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Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£45.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
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£50.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
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£74.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
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Biotechnology and International Law ISBN 9781841136318
Published June 2006
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£79.00
£113.00
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
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Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
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The Permanent International Criminal Court ISBN 9781841132815
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
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