Statelessness as a Human Rights Issue: A Concept Whose Time Has Come

Foster, Michelle; Lambert, Hélène

doi:10.1093/ijrl/eew044

Cited by 19 publications

(18 citation statements)

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“…The Convention on Statelessness from 1954 reads "For the purpose of this Convention, the term "stateless person" means a person who is not considered as a national by any State under the operation of its law" (Article 1.1). The stateless lack the fundamental protection by the state that its citizens enjoy (or, are supposed to enjoy), and this is the reason for their extreme vulnerability (Lori 2017;Kerber 2007;Foster and Lambert 2016).…”

Section: Dimensions Of Citizenship Capitalmentioning

confidence: 99%

“…It is the absence of citizenship capital which defines this position, and not a particular level of economic capital. The majority of stateless people today live in poverty, which may result from and/or exacerbate their already vulnerable position (Foster and Lambert 2016). But is not in principle impossible to be a stateless person of some means.…”

Section: Combining Economic and Citizenship Capitalmentioning

confidence: 99%

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Citizenship Capital

Kalm

2020

Global Society

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This article examines the citizenship dimension of transnational inequalities. It is clear that some citizenships offer great advantages while others are liabilities for the individual, and the aim of this present article is to develop a conceptualisation of citizenship and inequality, in order to be able to assess and compare them. For this purpose, elements of Pierre Bourdieu's sociology are utilized. The argument is that citizenship can be thought of as a form of capital in this Bourdieusian sensethat is, as a resource with which individuals are more or less endowed, and which impacts on people's transnational social positions, their capacities for action, their strategies and perceptions. The main contribution is to develop this idea, which is referred to as "citizenship capital". Its usefulness is demonstrated by considering its interaction with economic capital for shaping positions in transnational social space.

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Section: Dimensions Of Citizenship Capitalmentioning

confidence: 99%

Section: Combining Economic and Citizenship Capitalmentioning

confidence: 99%

Citizenship Capital

Kalm

2020

Global Society

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“…5 Is deprivation an effective tool in the fight against terrorism? 6 And, perhaps more technical but no less important, is UK law and practice in accordance with international law? This latter question is the focus of this article.…”

Section: Introductionmentioning

confidence: 99%

“…31 This is perhaps surprising and not uncontroversial. See, for example, Zedner, supra note 6, and Foster, M. and Lambert, H [6]…”

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confidence: 99%

The legality of the citizenship deprivation of UK foreign terrorist fighters

Arnell

2020

ERA Forum

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Citizenship deprivation of foreign terrorist fighters by the United Kingdom is increasing. This is of debatable legality under international law on five separate grounds. First, the UK is arguably wrong in claiming that an extraterritorial deprivation is outside the jurisdiction of the ECHR. Second, UK law may be unlawfully arbitrary and discriminatory. Third, UK law arguably contravenes the Convention on the Reduction of Statelessness 1961. Fourth, the UK may be violating its customary international legal obligation to readmit nationals. Fifth, UK practice may breach its conventional extradite or prosecute obligations. Overall, there are arguments of considerable strength that can be made in opposition to UK law and practice in the area.

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“…Statelessness is a phenomenon that attracts scholarly interest (Manly, Van Waas 2014) and may even be perceived as a topic for a degree programme. Notwithstanding this, it has to be seen as a distinct human rights issue (Foster, Lambert 2016).…”

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confidence: 99%

The EU: Power(less) in Statelessness? The Case of the Baltic States

Zmiyenko

2018

JSPS

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Oleksandra Zmiyenko – MA Law, European Interdisciplinary Studies – College of Europe; Academic Assistant at the College of Europe, EU International Relations Department, Bruges, Belgium. Email: Oleksandra.zmiyenko@coleurope.eu Despite still being an emergent research area, statelessness has come to attract growing attention both from academics and among policy-makers. So far, this legal vacuum, that represents a violation of the right to nationality, and has consistently been perceived through the prism of other human rights-related issues. To avoid oversight, statelessness needs to be perceived as a distinct phenomenon and to be addressed as such on the policy-making agenda. The European Union has two overt examples of statelessness among its Member States: Latvia and Estonia. In these post-Soviet countries, statelessness emerged in conjunction with debates over state continuity and state succession. The main question to be asked is to what extent does the EU have leverage when it comes to addressing the problem of statelessness? In its Member States, where questions of citizenship fall under the national competences, the EU influence in this regard seems limited, which is even more apparent outside of the EU. However, for the countries with 'European aspirations', there are different ways to have an impact: either before or after accession. Given its terminological ambiguities and that possible solutions to statelessness may be offered from a diverse range of academic fields, the research methodology of this study is interdisciplinary: from legal to historical analysis. While conditionality imposed on the aspiring members has a clear outcome in terms of legislation changes, once these states have acceded, the EU tends to have less influence. Conditionality might serve as a possibility to address statelessness among the countries with 'European aspirations', while increased pressure to fulfil international obligations may be crucial in dealing with Member States.

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Statelessness as a Human Rights Issue: A Concept Whose Time Has Come

Cited by 19 publications

References 0 publications

Citizenship Capital

Citizenship Capital

The legality of the citizenship deprivation of UK foreign terrorist fighters

The EU: Power(less) in Statelessness? The Case of the Baltic States

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