Cover

Half-title

Title page

Copyright information

Table of contents

List of contributors

Acknowledgements

List of abbreviations

Introduction

1 The meaning of nationality in international law in an era of human rights

1.1. Introduction

1.2. The concept of nationality

1.3. Procedural aspects of nationality

1.3.1 Modes of nationality acquisition

1.3.2 Loss and deprivation of nationality

1.3.3 The limits on state discretion in respect of nationality conferral and loss

1.4. Substantive content of nationality

1.4.1 The state’s perspective

(i) Diplomatic protection

(ii) The duty of (re)admission and residence

1.4.2 Individual right to a nationality

1.5. Conclusion

Questions to guide discussion

2 Statelessness and citizenship in ethical and political perspective

2.1. Statelessness in normative and descriptive context

2.2. The undesirability of statelessness

2.3. The political uses of statelessness

2.4. The moral responsibilities of states

2.5. A duty to join a state?

2.6. Conclusion

Questions to guide discussion

3 The UN statelessness conventions

3.1. The birth of a dedicated statelessness regime

3.1.1 Protecting stateless people: the history of the 1954 Convention

3.1.2 Avoiding statelessness: the history of the 1961 Convention

3.2. The content of the statelessness conventions

3.2.1 Protecting stateless people: the approach of the 1954 Convention

3.2.2 Avoiding statelessness: the approach of the 1961 Convention

3.3. Assessing the impact and relevance of the statelessness conventions today

3.3.1 Protecting stateless people: challenges and opportunities under the 1954 Convention

3.3.2 Avoiding statelessness: challenges and opportunities under the 1961 Convention

3.4. Conclusion

Questions to guide discussion

4 UNHCR’s mandate and activities to address statelessness

4.1. The mandate in a nutshell

4.2. Implementation – setting the agenda at the international level

4.3. Promotion of existing standards of international law

4.4. Clarification of the content and scope of existing standards

4.5. Standard setting

4.6. Awareness raising

4.7. Partnerships

4.8. Identification of statelessness: beyond numbers

4.9. Prevention: why wait for people to become stateless?

4.10. Reduction: a different way of saying ‘durable solutions’

4.11. Protection: the value of an overlooked treaty

4.12. Moving forward: a global movement to address statelessness

Questions to guide discussion

5 The determination of statelessness and the establishment of a statelessness-specific protection regime

5.1. The content and the limits of protection

5.2. Classifying the protection environment

5.3. The building blocks of a statelessness protection mechanism

5.4. Statelessness determination

5.4.1 Access to statelessness determination

5.4.2 The legal status of applicants

5.4.3 The institutional framework

5.4.4 The procedural framework

5.4.5 The evidentiary framework

5.5. Conclusion

Questions to guide discussion

6 Children, their right to a nationality and child statelessness

6.1. Introduction

6.2. The right of children to a nationality under international human rights law

6.3. Access of children to a nationality under the 1961 Statelessness Convention

6.4. Access of children to a nationality under Council of Europe standards

6.5. Specific challenges in relation to children’s access to a nationality

6.5.1 Establishing that a child is ‘otherwise stateless’

6.5.2 Foundlings and their access to a nationality

6.5.3 Adopted children and their nationality

6.5.4 Avoiding statelessness of children born through surrogate mothers

6.6. Conclusion

Questions to guide discussion

7 Women, nationality and statelessness

7.1. Introduction

7.2. Historical origins of gender discrimination in nationality matters

7.3. Discrimination against women in the conferral of nationality to their children

7.4. Discrimination against women in the acquisition, loss and retention of nationality by marriage and naturalization

7.4.1 Marriage

7.4.2 Naturalization

7.5. International and regional legal framework

7.5.1 Everyone has the right to a nationality

7.5.2 Prohibition against discrimination on the basis of sex in nationality laws and equality before the law

7.5.3 Prohibition against statelessness

7.5.4 Prohibition against arbitrary deprivation of nationality

7.6. Conclusion

Questions to guide discussion

8 Deprivation of nationality

8.1. Introduction

8.2. When does deprivation of nationality become arbitrary?

8.3. Is deprivation of nationality arbitrary if it results in statelessness?

8.4. When is deprivation of nationality legitimate?

8.5. The view of regional courts and UN human rights mechanisms

8.6. Is there a global trend towards limiting the use of deprivation of nationality?

8.7. Limitations on deprivation of nationality: the question of proportionality

8.7.1 Selecting the ‘least intrusive means’

8.7.2 Selecting the means that best serve the aim sought to be achieved

8.8. Conclusion

Questions to guide discussion

9 State succession and issues of nationality and statelessness

9.1. Introduction

9.2. The state succession paradigm

9.3. The law of state succession and nationality

9.3.1 Council of Europe

9.3.2 International Law Commission

9.3.3 Conclusion

9.4. Particular challenges posed by state succession for nationality

9.4.1 Status first or relevance of types of state succession

9.4.1.1 Predecessor state continues to exist

9.4.1.2 Predecessor state disappears

9.4.2 Transition from illegal regimes

9.4.3 Obligation to avoid statelessness

9.5. Conclusions

Questions to guide discussion

10 The nexus between statelessness and migration

10.1. Introduction

10.2. De jure and de facto statelessness in the context of international migration

10.3. Statelessness as a trigger for international migration

10.3.1 Statelessness triggers migration due to deprivation of rights in the country of origin

10.3.2 Statelessness prevents people from using regular migration channels

10.3.2.1 Non-admission and expulsion of non-nationals

10.3.2.2 Lack of documentation as an impediment to regular migration

10.4. Statelessness as a consequence of irregular migration

10.4.1 Conflicts of nationality laws

10.4.2 Lack of access to birth registration

10.4.3 Unaccompanied minors

10.4.4 Statelessness in the context of return

10.5. Final reflections and suggestions for a way forward

Questions to guide discussion

11 More or less secure? Nationality questions, deportation and dual nationality

11.1. Introduction

11.2. Dual nationality and deportation under international law

11.2.1 Dual nationality and deportation – problems with ‘effective nationality’

11.2.2 A broader view of ‘one’s own country’

11.3. Precarious dual citizenship in the United Kingdom and Australia

11.4. Dual nationality and loss of citizenship in the United Kingdom

11.4.1 Evolving legal attitudes to dual citizenship

11.4.2 Deportation of dual citizens and deprivation of British citizenship

11.4.3 Loss of British citizenship – recent cases

11.4.3.1 Abu Hamza

11.4.3.2 David Hicks

11.5. Dual nationality and deprivation of citizenship in Australia

11.5.1 Dual nationality in Australia

11.5.2 Deprivation of citizenship

11.5.3 Deportation of dual citizens

11.5.4 The difference that dual nationality makes: losing one’s ‘own country’

11.6. Conclusion

Questions to guide discussion

Index