By Alice Edwards, Laura van Waas
Written through best specialists, Nationality and Statelessness below overseas legislation introduces the research and perform of 'international statelessness legislations' and explains the advanced dating among the overseas legislations on nationality and the phenomenon of statelessness. It additionally identifies the rights of stateless humans, outlines the most important criminal stumbling blocks fighting the eradication of statelessness and charts a direction for this new and speedily altering box of research. All royalties from the sale of this e-book aid stateless initiatives.
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Extra info for Nationality and Statelessness under International Law
85 The answer is far from settled. 86 Only later with developments in international human rights law did its individual dimensions emerge, as discussed next. 87 Both are claimed as rights and duties of the state, albeit the former is seen as a discretionary right of the state, while the latter has been historically considered primarily a duty exercisable vis-à-vis other states, rather than towards a state’s own nationals. The latter is no longer, however, viewed as only a question of states’ rights, as it is matched by the international human right of individuals to return to their own country from abroad and to reside there (see below).
Procedural aspects of nationality Article 15 of the 1948 Universal Declaration of Human Rights (UDHR) provides that everyone has ‘the right to a nationality’ and no one shall be arbitrarily deprived of that nationality nor denied the right to change one’s nationality. 14 Again, no corresponding obligation to grant nationality to every child born in their Ibid. International Law Association Committee on Feminism and International Law, ‘Final Report on Women’s Equality and Nationality in International Law’ (2000) Report of a conference held in London, International Law Association, London, available at: www.
8(3)). 47 48 The meaning of nationality 23 As already noted, a past trend of nationality being removed via acquisition of a new nationality has reduced in significance in many countries as dual and multiple nationality have become more accepted. It remains a form of deprivation in single nationality countries, although the administrative procedures around it will vary. Likewise, deprivation of nationality owing to criminal activities has reduced in at least Europe, although remains a practice in many other countries.