Understanding Statelessness

Author: Tendayi Bloom
Publisher: Taylor & Francis
ISBN: 9781351779142
Release Date: 2017-07-06
Genre:

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.

Nationalism Law and Statelessness

Author: John R. Campbell
Publisher: Routledge
ISBN: 9781136660412
Release Date: 2013-07-18
Genre: Business & Economics

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.

Texts and Materials on International Human Rights

Author: Rhona K.M. Smith
Publisher: Routledge
ISBN: 9781135070106
Release Date: 2013-05-02
Genre: Law

Text and Materials on International Human Rights offers a carefully tailored overview of the subject, divided into four sections that cover: sources and theories; institutions and structures; substantive rights; and a new concluding section on the challenges for human rights law. The third edition is fully updated to include all key developments, in particular issues around torture, terrorism and international criminal law. This collection of materials offers a comprehensive overview of the institutional structures relevant to international human rights law, crucial to the understanding of how law works in this challenging area. Designed to guide students through the fundamental texts for this subject, the author’s commentary contextualises each extract to explain its relevance, while highlighted further reading makes links to cutting edge academic commentary to provide next steps for student research. Offering a clear text design that distinguishes between materials and author commentary, and including reflective questions throughout to aid understanding, this book is ideal for students seeking to engage with the key issues in the study of International Human Rights.

Human Rights Approaches to Climate Change

Author: Sumudu Atapattu
Publisher: Routledge
ISBN: 9781317910619
Release Date: 2015-10-16
Genre: Law

Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.

Statelessness and Citizenship

Author: Victoria Redclift
Publisher: Routledge
ISBN: 9781136220319
Release Date: 2013-06-26
Genre: Business & Economics

What does it mean to be a citizen? In depth research with a stateless population in Bangladesh has revealed that, despite liberal theory’s reductive vision, the limits of political community are not set in stone. The Urdu-speaking population in Bangladesh exemplify some of the key problems facing uprooted populations and their experience provides insights into the long term unintended consequences of major historical events. Set in a site of camp and non-camp based displacement, it illustrates the nuances of political identity and lived spaces of statelessness that Western political theory has too long hidden from view. Using Bangladesh as a case study, Statelessness and Citizenship: Camps and the creation of political space argues that the crude binary oppositions of statelessness and citizenship are no longer relevant. Access to and understandings of citizenship are not just jurally but socially, spatially and temporally produced. Unpicking Agamben’s distinction between ‘political beings’ and ‘bare life’, the book considers experiences of citizenship through the camp as a social form. The camps of Bangladesh do not function as bounded physical or conceptual spaces in which denationalized groups are altogether divorced from the polity. Instead, citizenship is claimed at the level of everyday life, as the moments in which formal status is transgressed. Moreover, once in possession of ‘formal status’ internal borders within the nation-state render ‘rights-bearing citizens’ effectively ‘stateless’, and the experience of ‘citizens’ is very often equally uneven. While ‘statelessness’ may function as a cold instrument of exclusion, certainly, it is neither fixed nor static; just as citizenship is neither as stable nor benign as the dichotomy would suggest. Using these insights, the book develops the concept of ‘political space’ – an analysis of the way history and space inform the identities and political subjectivity available to people. In doing so, it provides an analytic approach of relevance to wider problems of displacement, citizenship and ethnic relations. Shortlisted for this year’s BSA Philip Abrams Memorial Prize.

Routledge Handbook of Human Rights in Asia

Author: Fernand De Varennes
Publisher:
ISBN: 1138855707
Release Date: 2018-11-22
Genre: Human rights

Routledge Handbook of Human Rights in Asia provides a multidisciplinary account of areas of ongoing concern for human rights across Asia. Development pressures, civil conflict, internal unrest and unstable governments contribute to the human rights volatility of the region. Chapters cover rights relating to women, children, migrants, trafficked and displaced persons, disabled and indigenous populations, linguistic religious and ethnic minorities, political dissidents and human rights defenders. Contributors contextualize the broader impact on the social and political stability of nations and regions and the protection measures available critiqued.

Refugees and Rights

Author: Mary Crock
Publisher: Taylor & Francis
ISBN: 9781351905633
Release Date: 2017-05-15
Genre: Law

Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

Stateless Law

Author: Helge Dedek
Publisher: Routledge
ISBN: 9781317050209
Release Date: 2016-03-03
Genre: Law

This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

The Changing Role of Nationality in International Law

Author: Serena Forlati
Publisher: Routledge
ISBN: 9781136752193
Release Date: 2013-03-20
Genre: Law

The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

Refugees and the Ethics of Forced Displacement

Author: Serena Parekh
Publisher: Routledge
ISBN: 9781134667758
Release Date: 2016-11-25
Genre: Philosophy

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states.

Reassessing the Responsibility to Protect

Author: Brett R. O'Bannon
Publisher: Routledge
ISBN: 9781134695829
Release Date: 2015-10-05
Genre: Political Science

This book explores conceptual and operational questions regarding the development and implementation of the Responsibility to Protect. The mass atrocity norm known as the Responsibility to Protect (R2P) has enjoyed meteoric success since the concept was introduced in 2001. But perhaps precisely because of how quickly the concept secured its privileged place in the pantheon of ideas and concerns in international affairs, many fundamental questions remain concerning its origins, its conceptual contents, and its relevance to actual cases of mass atrocity. This book seeks to explore that terrain by drawing together a group of scholars diverse enough to engage with the complex array of political, legal and ethical questions raised by R2P. Critical questions raised here include: What are the limits of the authority that R2P confers on international actors? What does the evolution of R2P mean for North-South relations? Just how significant is R2P in the context of the broader human rights landscape? In addition to those conceptual and theoretical matters, special attention is given to the operational context in which the meaning of R2P is ultimately rendered. As events in Africa have figured so significantly into the norm’s development, the contributors pay special attention to the problems and prospects of mass atrocity prevention in that context. This volume will be of much interest to students of the Responsibility to Protect, war and conflict studies, peacebuilding, international law, and IR/Security Studies.

The Rohingya in South Asia

Author: Sabyasachi Basu Ray Chaudhury
Publisher: Taylor & Francis
ISBN: 9780429885334
Release Date: 2018-07-11
Genre: Political Science

The Rohingya of Myanmar are one of the world’s most persecuted minority populations without citizenship. After the latest exodus from Myanmar in 2017, there are now more than half a million Rohingya in Bangladesh living in camps, often in conditions of abject poverty, malnutrition and without proper access to shelter or work permits. Some of them are now compelled to take to the seas in perilous journeys to the Southeast Asian countries in search of a better life. They are now asked to go back to Myanmar, but without any promise of citizenship or an end to discrimination. This book looks at the Rohingya in the South Asian region, primarily India and Bangladesh. It explores the broader picture of the historical and political dimensions of the Rohingya crisis, and examines subjects of statelessness, human rights and humanitarian protection of these victims of forced migration. Further, it chronicles the actual process of emergence of a stateless community – the transformation of a national group into a stateless existence without basic rights.

Performativity Politics and the Production of Social Space

Author: Michael R. Glass
Publisher: Routledge
ISBN: 9781136208096
Release Date: 2014-01-10
Genre: Social Science

Theories of performativity have garnered considerable attention within the social sciences and humanities over the past two decades. At the same time, there has also been a growing recognition that the social production of space is fundamental to assertions of political authority and the practices of everyday life. However, comparatively little scholarship has explored the full implications that arise from the confluence of these two streams of social and political thought. This is the first book-length, edited collection devoted explicitly to showcasing geographical scholarship on the spatial politics of performativity. It offers a timely intervention within the field of critical human geography by exploring the performativity of political spaces and the spatiality of performative politics. Through a series of geographical case studies, the contributors to this volume consider the ways in which a performative conception of the "political" might reshape our understanding of sovereignty, political subjectification, and the production of social space. Marking the 20th anniversary of the publication of Judith Butler’s classic, Bodies That Matter (1993), this edited volume brings together a range of contemporary geographical works that draw exciting new connections between performativity, space, and politics.

Torture as State Crime

Author: Melanie Collard
Publisher: Routledge
ISBN: 9781315456119
Release Date: 2018-07-11
Genre: Social Science

Can we understand torture by focusing on the torture chamber or even on the states in which it is practiced, or do we have to consider the wider political context in which it is embedded? This is the central question of this book which explores concepts of state crime for understanding and responding to the indirect use of torture by external nation states. Drawing on the cooperation between France and Argentina in Argentina's Dirty War, this book explores the utility of the concept of state crime for understanding and responding to the indirect use of torture by external nation states with a detailed examination of the exportation of torture techniques and training expertise as complicity in torture. Discussing the institutionalisation of torture in its international structural context, this book focuses on examining three alleged manifestations of the torturer: direct perpetrator, institutional perpetrator, and transnational institutional perpetrator. Important reading for those in the fields of criminology, sociology, international relations and human rights law, this book will also be of key interest to scholars and students in the areas of state crime, human rights and imperialism.

Arendt Agamben and the Issue of Hyper Legality

Author: Kathleen R. Arnold
Publisher: Routledge
ISBN: 9781351211246
Release Date: 2018-05-25
Genre: Political Science

In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt’s comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems – immigrant detention and the prison system – are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners’ rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.