The Statelessness and Citizenship Review https://statelessnessandcitizenshipreview.com/index.php/journal <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> en-US timnahb@unimelb.edu.au (Statelessness and Citizenship Review) m.j.recaldevela@tilburguniversity.edu (Maria Jose Recalde Vela) Thu, 20 Jun 2019 13:59:33 +1000 OJS 3.1.1.2 http://blogs.law.harvard.edu/tech/rss 60 Front Matter https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/85 <p>The Front Matter for Volume 1(1) including an artist statement by&nbsp;Wasim Z Habashneh.</p> ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/85 Fri, 21 Jun 2019 10:56:13 +1000 Editorial https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/83 <p>N/A</p> ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/83 Wed, 19 Jun 2019 22:09:39 +1000 Better Must Come: Citizenship and Belonging after Statelessness https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/37 <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> Patrick Balazo ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/37 Wed, 19 Jun 2019 18:29:20 +1000 Rising Statelessness Due to Disappearing Island States https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/41 <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> Marija Dobrić ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/41 Wed, 19 Jun 2019 18:25:18 +1000 Degrees of Statelessness https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/55 <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> Susan Kneebone, Brandais York, Sayomi Ariyawansa ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/55 Wed, 19 Jun 2019 18:16:36 +1000 Homegrown Statelessness in Malaysia https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/13 <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> Jamie Liew ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/13 Wed, 19 Jun 2019 18:32:31 +1000 Statelessness as a Product of Slippery Statecraft https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/43 <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> Allison Petrozziello ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/43 Wed, 19 Jun 2019 18:15:57 +1000 The Arrival of 'Statelessness Studies' https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/69 <p>N/A</p> David Baluarte ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/69 Wed, 19 Jun 2019 20:52:46 +1000 Taking Statelessness Seriously https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/71 <p>N/A</p> Phillip Cole ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/71 Wed, 19 Jun 2019 21:21:07 +1000 Expanding Statelessness Scholarship https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/73 <p>N/A</p> Lindsey Kingston ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/73 Wed, 19 Jun 2019 21:32:55 +1000 Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples’ Rights, App No 012/2015, 22 March 2018) https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/75 <p>N/A</p> Bronwen Manby ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/75 Wed, 19 Jun 2019 21:39:09 +1000 Re DLSV and Minister for Immigration and Border Protection [2017] AATA 2999 (27 November 2017) https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/77 <p>N/A</p> Kim Rubenstein, Elizabeth Harris ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/77 Wed, 19 Jun 2019 21:46:13 +1000 Hoti v Croatia https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/79 <p>N/A</p> Katja Swider ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/79 Wed, 19 Jun 2019 21:52:00 +1000 Citizenship in Africa: The Law of Belonging by Bronwen Manby https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/81 <p>N/A</p> Lucy Hovil ##submission.copyrightStatement## https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/81 Wed, 19 Jun 2019 00:00:00 +1000