https://statelessnessandcitizenshipreview.com/index.php/journal/issue/feed The Statelessness and Citizenship Review 2019-06-21T10:56:18+10:00 Statelessness and Citizenship Review timnahb@unimelb.edu.au Open Journal Systems <p>The&nbsp;<a href="http://law.unimelb.edu.au/centres/statelessness">Peter McMullin Centre on Statelessness</a>&nbsp;at Melbourne Law School and the&nbsp;<a href="http://institutesi.org/" target="_blank" rel="noopener">Institute on Statelessness and Inclusion (ISI)</a>&nbsp;are pleased to announce the establishment of a new online journal: The Statelessness and Citizenship Review. This is the first journal to be entirely dedicated to advancing the understanding of statelessness and related citizenship phenomena and challenges, helping to meet the growing demand for the exchange of ideas and knowledge among scholars in the blossoming field of statelessness studies. The Editors-in-Chief are Prof. Michelle Foster (Peter McMullin Centre) and Dr. Laura van Waas (ISI).</p> https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/85 Front Matter 2019-06-21T10:56:18+10:00 Statelessness & Citizenship o Review info@screview.net <p>The Front Matter for Volume 1(1) including an artist statement by&nbsp;Wasim Z Habashneh.</p> 2019-06-21T10:56:13+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/83 Editorial 2019-06-20T13:59:31+10:00 Michelle Foster m.foster@unimelb.edu.au Laura van Waas Laura.vanWaas@uvt.nl <p>N/A</p> 2019-06-19T22:09:39+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/37 Better Must Come: Citizenship and Belonging after Statelessness 2019-06-20T13:59:31+10:00 Patrick Balazo Patrick.Balazo@Dal.ca <p><em>In light of the United Nations High Commissioner for Refugee’s global #IBELONG Campaign to end statelessness by 2024, this paper examines the benefits of citizenship acquisition among Sri Lanka’s previously stateless Up-Country Tamil population. From 1948 until 2003, the Up-Country Tamil population was stateless and excluded from the Sri Lankan political process, though with the 2003 grant of citizenship Sri Lanka was celebrated as an example of what it means to successfully end statelessness. Using a liberal theory of citizenship extended by the Rancièrian concept of dissensus, and based on qualitative interviews and questionnaire surveys conducted in Sri Lanka between July and August 2016, this paper identifies potential shortcomings of citizenship acquisition that clash with the promise of the #IBELONG Campaign and the narrative of Sri Lanka’s success in ending statelessness: a rural rights deficit and a shared absence of belonging despite the acquisition of citizenship.</em></p> 2019-06-19T18:29:20+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/41 Rising Statelessness Due to Disappearing Island States 2019-06-20T13:59:32+10:00 Marija Dobrić marija.dobric@unibw.de <p><em>Scientific prognoses have shown that by the year 2100, several low-lying island states such as Tuvalu and Kiribati will disappear due to rising sea levels. The submergence of whole territories will have consequences including the displacement of a huge number of islanders. In that context, the question of how to protect their human rights in their future host states is of great importance. In fact, their human rights protection will most likely prove even more difficult if disappearing island states are considered to have lost statehood. Without the nationality of any state, those displaced islanders will be stateless under international law. In this article, the author assesses whether displaced island populations are sufficiently protected by existing international law norms or whether the international community is called upon to create new rules addressing these future challenges.</em></p> 2019-06-19T18:25:18+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/55 Degrees of Statelessness 2019-06-20T13:59:32+10:00 Susan Kneebone susan.kneebone@unimelb.edu.au Brandais York brandais.york@unimelb.edu.au Sayomi Ariyawansa sayomi.ariyawansa@gmail.com <p><em>In this article, we consider the issue of the status of children of international marriage migrants who are returned to Vietnam following a failed marriage in another country. We argue that many of these children can considered to be de facto stateless due to their lack of ‘effective nationality’ in Vietnam. While the children, ethnically, are ‘half Vietnamese’ their legal status is often precarious in Vietnam as many of them hold a foreign nationality. Although their situations vary, we argue that their cases fall on a spectrum of different degrees of statelessness. In many cases their lack of household registration — ho khau — has resulted in ‘ineffective nationality’, which we argue is de facto statelessness. In this article, we present findings from data collection undertaken between 2015–19 in Can Tho, Vietnam and suggest how law and policy could address the issue. We argue that our findings provide a useful case study for considering the importance of effective nationality, which we situate within the broader conceptual debate surrounding de facto statelessness.</em></p> 2019-06-19T18:16:36+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/13 Homegrown Statelessness in Malaysia 2019-06-20T13:59:32+10:00 Jamie Liew jamie.liew@uottawa.ca <p class="Abstract"><em>Who is stateless and when is a state obligated to confer nationality under international law? Using the case study of Malaysia, this paper sheds light on who are stateless and gives weight to the international customary ‘doctrine of dominant and effective nationality’ as a factor to consider when conferring citizenship on stateless persons in Malaysia. Six categories of stateless persons were identified in this research project. This article posits that five of the six categories of stateless persons can be said to have ‘genuine and effective links’ to Malaysia suggesting that not all stateless persons are foreigners or migrants. The research project suggests that in examining who are stateless, different pathways of citizenship should be conceived for them.</em></p> 2019-06-19T18:32:31+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/43 Statelessness as a Product of Slippery Statecraft 2019-06-20T13:59:32+10:00 Allison Petrozziello petr5070@mylaurier.ca <p><em>Statelessness has been described as the result of unintentional gaps between citizenship policies excluding individuals who move, form relationships and reproduce across international borders. But what if the rise in statelessness is not a technicality, but a strategy of slippery statecraft meant to design the citizenry a given state is willing to protect? This paper places statelessness within the context of neoliberal globalisation and international migration and provides a critical global governance view of contemporary causes of statelessness, key actors working on it and their framing of the issue within global governance frameworks. I argue that the dominant framing of statelessness as a technical issue obviates the politics behind statelessness as slippery statecraft, leading proposed solutions to fall short. Critical research may help advocates make the case for inclusion, appealing to broader state interests and networks, without abandoning attendant human rights obligations.</em></p> 2019-06-19T18:15:57+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/69 The Arrival of 'Statelessness Studies' 2019-06-20T13:59:33+10:00 David Baluarte BaluarteD@wlu.edu <p>N/A</p> 2019-06-19T20:52:46+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/71 Taking Statelessness Seriously 2019-06-20T13:59:33+10:00 Phillip Cole Phil.Cole@uwe.ac.uk <p>N/A</p> 2019-06-19T21:21:07+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/73 Expanding Statelessness Scholarship 2019-06-20T13:59:33+10:00 Lindsey Kingston lkingston54@webster.edu <p>N/A</p> 2019-06-19T21:32:55+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/75 Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples’ Rights, App No 012/2015, 22 March 2018) 2019-06-20T13:59:33+10:00 Bronwen Manby B.Manby@lse.ac.uk <p>N/A</p> 2019-06-19T21:39:09+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/77 Re DLSV and Minister for Immigration and Border Protection [2017] AATA 2999 (27 November 2017) 2019-06-20T13:59:33+10:00 Kim Rubenstein kim.rubenstein@anu.edu.au Elizabeth Harris elizabethpsrharris@gmail.com <p>N/A</p> 2019-06-19T21:46:13+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/79 Hoti v Croatia 2019-06-20T13:59:33+10:00 Katja Swider katja.swider@gmail.com <p>N/A</p> 2019-06-19T21:52:00+10:00 ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/81 Citizenship in Africa: The Law of Belonging by Bronwen Manby 2019-06-20T13:59:33+10:00 Lucy Hovil lucy@hovil.co.uk <p>N/A</p> 2019-06-19T00:00:00+10:00 ##submission.copyrightStatement##