Download or read book Stateless Commerce written by Barak Richman and published by Harvard University Press. This book was released on 2017-06-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

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.

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.

Download or read book International Refugee Law and the Protection of Stateless Persons written by Michelle Foster and published by Oxford University Press. This book was released on 2019-04-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Stateless in the Gulf written by Claire Beaugrand and published by Bloomsbury Publishing. This book was released on 2017-12-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kuwaiti population includes around 100,000 people - approximately 10 per cent of the Kuwaiti nationals -whose legal status is contested. Often considered `stateless', they have come to be known in Kuwait as biduns, from `bidun jinsiyya', which means literally `without nationality' in Arabic. As long-term residents with close geographical ties and intimate cultural links to the emirate, the biduns claim that they are entitled to Kuwaiti nationality because they have no other. But since 1986 the State of Kuwait, has considered them `illegal residents' on Kuwaiti territory. As a result, the biduns have been denied civil and human rights and treated as undocumented migrants, with no access to employment, health, education or official birth and death certificates. It was only after the first-ever bidun protest in 2011, that the government softened restrictions imposed upon them. Claire Beaugrand argues here that, far from being an anomaly, the position of the biduns is of central importance to the understanding of state formation processes in the Gulf countries, and the ways in which identity and the boundaries of nationality are negotiated and concretely enacted.

Download or read book Safeguarding Against Statelessness at Birth written by Rodziana Mohamed Razali and published by Springer Nature. This book was released on 2023-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Statelessness written by Tony C. Brown and published by U of Minnesota Press. This book was released on 2022-11-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pathbreaking new genealogy of statelessness Just as the modern state and the citizenship associated with it are commonly thought of as a European invention, so too is citizenship’s negation in the form of twentieth-century diaspora and statelessness. Statelessness sets forth a new genealogy, suggesting that Europe first encountered mass statelessness neither inside its own borders nor during the twentieth century, as Hannah Arendt so influentially claimed, but outside of itself—in the New World, several hundred years earlier. Through close readings of political philosophers from Hobbes to Rousseau to Kant, Tony C. Brown argues that statelessness became a central problem for political thought early on, with far-reaching implications for thinking both on the state and on being human. What Europeans thought they saw among the “savages” of the Americas was life without political order, life less than human. Lacking almost everything those deemed clearly human had achieved, the stateless existed in a radically precarious, almost inhuman privation. And yet this existence also raised the unsettling possibility that state-based existence may not be inevitable, necessary, or even ideal. This possibility, as Brown shows, prompts the response—as defensive as it was aggressive—that we call Enlightenment political philosophy, which arguably still orders much thinking on being stateless today, including our discourses concerning migrants and Indigenous peoples.

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.

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.

Download or read book Statelessness written by William Conklin and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Download or read book Statelessness in the European Union written by Caroline Sawyer and published by Cambridge University Press. This book was released on 2011-02-10 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statelessness in the European Union draws together original research from over one hundred interviews in Estonia, France, Slovenia and the United Kingdom to provide one of the first comparative accounts of the de facto or de jure stateless populations in the European Union. It blends legal, political and empirical research to examine how non-citizens without secure status, in some cases established undocumented migrants and their descendants, manage their lives in four European Union member states. Normative and legal analyses of the practical meaning of basic human rights are combined with a groundbreaking investigation of the obstacles that prevent people from accessing essential services. Contrasting the situation of Europe's stateless now with that examined by Arendt over fifty years ago, it considers proposals for the future security of Europe's stateless people.

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.

Download or read book Statelessness Human Rights and Gender written by Tang Lay Lee and published by BRILL. This book was released on 2005-09-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the developing relationship between statelessness and migration. Migration law is setting the new parameters for international protection. Irregular migration is producing new forms of statelessness. International conventions on statelessness, refugees and migrant workers and international human rights instruments do not provide effective protection for these contemporary groups of stateless persons. The case study of Burmese irregular migrant workers in Thailand demonstrate that women and children are among the most unprotected because of the gendered construction of statelessness. The book concludes firstly that the 1999 CEDAW Protocol is an avenue through which stateless women may pursue redress. Secondly, it argues that it is imperative to set international law limits on state powers over immigration matters.

Download or read book Statelessness Determination Procedures and the Right to Nationality written by Solomon Oseghale Momoh and published by Taylor & Francis. This book was released on 2022-10-07 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.

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.

Download or read book Nationalism Law and Statelessness written by John R. Campbell and published by Routledge. This book was released on 2013-07-18 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998 a bloody war erupted in The Horn of Africa between Ethiopia and Eritrea. During the war Ethiopia arrested and expelled 70,000 of its citizens, and stripped another 50,000-plus of their citzenship on the basis of their presumed ethnicity. Nationalism, Law and Statelessness: Grand Illusions in the Horn of Africa examines the events which led up to the war, documents the expulsions and denationalisations that took place and follows the flight of these stateless Ethiopians out of the Horn into Europe. The core issue examined is the link between sovereignty and statelessness as this plays out in The Horn of Africa and in the West. The book provides a valuable insight into how nations create and perpetuate statelessness, the failure of law, both national and international, to protect and address the plight of stateless persons, and the illusory nature of nationalism, citizenship and human rights in the modern age. The study is one of a very few which examines the problem of statelessness through the accounts of stateless persons themselves. This book will be of great interest to students and researchers in anthropology, law, politics, African studies and refugee studies as well as professionals and all those interested in stateless persons in the West, including Eritreans, who continue to be denied basic rights.