Solving Statelessness

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Solving Statelessness

Laura van Waas,Melanie J. Khanna
Solving Statelessness Book PDF

Author : Laura van Waas,Melanie J. Khanna
Publisher : Wolf Legal Publishers
Page : 0 pages
File Size : 47,5 Mb
Release : 2017
Category : Citizenship
ISBN : 9462403465

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Solving Statelessness by Laura van Waas,Melanie J. Khanna Pdf

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]

SOLVING STATELESSNESS IN MYANMAR

Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
SOLVING STATELESSNESS IN MYANMAR Book PDF

Author : Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
Publisher : Lulu.com
Page : 258 pages
File Size : 45,7 Mb
Release : 2020-01-20
Category : Law
ISBN : 9781794879966

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SOLVING STATELESSNESS IN MYANMAR by Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel Pdf

When the Nu-Atlee Agreement decolonized Burma (Myanmar), the option to refuse the nationality for the new state and chose another nationality had not been given to the minorities of Burma (Myanmar). Before the independence of Myanmar, all the peoples including the minorities were under the protection of the Article 73 of the UN Charter. When the minorities of Burma (Myanmar) became stateless by decolonization, this is against the "object and purposes" of Article 73 of the UN Charter that can never be "sacrificed." Decolonization is based on the principle, "leaving no one behind" for the right of the peoples to self-determination. The UN and the international community as a whole under the erga omnes responsibility for the protection of the Nu-Atlee Agreement on the base that "no derogation shall be allowed from the right of the peoples to self- determination."

Nationality of Foundlings

Mai Kaneko-Iwase
Nationality of Foundlings Book PDF

Author : Mai Kaneko-Iwase
Publisher : Springer Nature
Page : 462 pages
File Size : 52,9 Mb
Release : 2021-09-24
Category : Law
ISBN : 9789811630057

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Nationality of Foundlings by Mai Kaneko-Iwase Pdf

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.

Safeguarding Against Statelessness at Birth

Rodziana Mohamed Razali
Safeguarding Against Statelessness at Birth Book PDF

Author : Rodziana Mohamed Razali
Publisher : Springer Nature
Page : 286 pages
File Size : 55,9 Mb
Release : 2023-01-01
Category : Law
ISBN : 9789811953712

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Safeguarding Against Statelessness at Birth by Rodziana Mohamed Razali Pdf

This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.

Understanding Statelessness

Tendayi Bloom,Katherine Tonkiss,Phillip Cole
Understanding Statelessness Book PDF

Author : Tendayi Bloom,Katherine Tonkiss,Phillip Cole
Publisher : Routledge
Page : 459 pages
File Size : 42,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 9781351779135

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Understanding Statelessness by Tendayi Bloom,Katherine Tonkiss,Phillip Cole Pdf

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.

Statelessness and Citizenship

Brad K. Blitz,Maureen Lynch
Statelessness and Citizenship Book PDF

Author : Brad K. Blitz,Maureen Lynch
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 50,9 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781849808996

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Statelessness and Citizenship by Brad K. Blitz,Maureen Lynch Pdf

'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.

International Refugee Law and the Protection of Stateless Persons

Michelle Foster,Hélène Lambert
International Refugee Law and the Protection of Stateless Persons Book PDF

Author : Michelle Foster,Hélène Lambert
Publisher : Oxford University Press
Page : 200 pages
File Size : 53,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9780192515544

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International Refugee Law and the Protection of Stateless Persons by Michelle Foster,Hélène Lambert Pdf

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.

Protecting Stateless Persons

Katia Bianchini
Protecting Stateless Persons Book PDF

Author : Katia Bianchini
Publisher : BRILL
Page : 391 pages
File Size : 42,6 Mb
Release : 2018-04-05
Category : Law
ISBN : 9789004362901

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Protecting Stateless Persons by Katia Bianchini Pdf

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.

Nationality and Statelessness under International Law

Alice Edwards,Laura van Waas
Nationality and Statelessness under International Law Book PDF

Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 42,9 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446

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Nationality and Statelessness under International Law by Alice Edwards,Laura van Waas Pdf

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Research Handbook on Child Migration

Jacqueline Bhabha,Jyothi Kanics,Daniel Senovilla Hernández
Research Handbook on Child Migration Book PDF

Author : Jacqueline Bhabha,Jyothi Kanics,Daniel Senovilla Hernández
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 46,7 Mb
Release : 2018-08-31
Category : Political Science
ISBN : 9781786433701

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Research Handbook on Child Migration by Jacqueline Bhabha,Jyothi Kanics,Daniel Senovilla Hernández Pdf

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.

Statelessness

Mira L. Siegelberg
Statelessness Book PDF

Author : Mira L. Siegelberg
Publisher : Harvard University Press
Page : 329 pages
File Size : 52,6 Mb
Release : 2020-10-06
Category : History
ISBN : 9780674240513

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Statelessness by Mira L. Siegelberg Pdf

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.

Statelessness in the Caribbean

Kristy A. Belton
Statelessness in the Caribbean Book PDF

Author : Kristy A. Belton
Publisher : University of Pennsylvania Press
Page : 284 pages
File Size : 42,7 Mb
Release : 2017-08-25
Category : Political Science
ISBN : 9780812294323

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Statelessness in the Caribbean by Kristy A. Belton Pdf

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.

Statelessness

William Conklin
Statelessness Book PDF

Author : William Conklin
Publisher : Bloomsbury Publishing
Page : 339 pages
File Size : 55,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253747

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Statelessness by William Conklin Pdf

'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.

The World's Stateless

Institute on Statelessness and Inclusion
The World s Stateless Book PDF

Author : Institute on Statelessness and Inclusion
Publisher : Unknown
Page : 552 pages
File Size : 46,9 Mb
Release : 2017
Category : Law
ISBN : 9462403651

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The World's Stateless by Institute on Statelessness and Inclusion Pdf

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

Integrative Social Work Practice with Refugees, Asylum Seekers, and Other Forcibly Displaced Persons

Nancy J. Murakami,Mashura Akilova
Integrative Social Work Practice with Refugees Asylum Seekers and Other Forcibly Displaced Persons Book PDF

Author : Nancy J. Murakami,Mashura Akilova
Publisher : Springer Nature
Page : 546 pages
File Size : 53,5 Mb
Release : 2022-11-25
Category : Psychology
ISBN : 9783031126000

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Integrative Social Work Practice with Refugees, Asylum Seekers, and Other Forcibly Displaced Persons by Nancy J. Murakami,Mashura Akilova Pdf

This textbook provides theoretical and clinical knowledge needed by social workers and other practitioners involved in humanitarian emergency response. Social workers are well positioned to serve coordinating and leadership roles in this interdisciplinary field due to their holistic training. This book weaves together micro, mezzo, and macro levels of practice into integrated social work practice. Its historical account of humanitarian emergencies, coverage of social work frameworks and principles, and review of existing best practices at the clinical, community, and policy levels ground the reader in a field of social work that requires consideration of historical frameworks alongside innovative responses to the complexity of humanitarian emergencies. The contributors incorporate best practices as well as address gaps in awareness, knowledge, and skills that they have observed and studied worldwide. Some of the topics explored include: Social Work with Displaced Children, Women, LGBTQI+, Asylum Seekers Return and Reintegration of Displaced Populations and Reconstruction in Post-conflict Societies Culture, Trauma, and Loss: Integrative Social Work Practice with Refugees and Asylum Seekers Clinical Social Work Practice with Forcibly Displaced Persons Grounded in Human Rights and Social Justice Principles Integrative Social Work Practice with Refugees, Asylum Seekers, and Other Forcibly Displaced Persons is adoptable as a primary text for MSW and doctoral elective courses on global social work or international social work practice with persecuted and forcibly displaced people. This textbook is targeted to clinical social work or policy courses as well, and can be supplemental reading for required courses for migration and forced displacement majors. It is also useful for social workers or interdisciplinary practitioners working around the globe with displaced populations.