Alice Edwards, Laura van Waas's Nationality and Statelessness under International Law PDF

By Alice Edwards, Laura van Waas

Written by means of prime specialists, Nationality and Statelessness less than foreign legislation introduces the examine and perform of 'international statelessness legislation' and explains the complicated dating among the foreign legislation on nationality and the phenomenon of statelessness. It additionally identifies the rights of stateless humans, outlines the most important criminal hindrances fighting the eradication of statelessness and charts a path for this new and speedily altering box of research. All royalties from the sale of this e-book help stateless initiatives.

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Guatemala); Second Phase, International Court of Justice (ICJ), 6 April 1955, ICJ Reports 1955, p. 4; General List, No. 18. 3 Ibid.  2). ), Foundations of International Migration Law (Cambridge University Press, 2012), 93. 5 This has been nicely put by Shearer and Opeskin as ‘Nationality is essentially an institution of domestic law but it has consequences in international law’, Ibid. 6 Interestingly, some of these rights and duties are no longer applicable only to citizens, but are regularly extended to permanent residents or certain migrant categories.

The low, albeit growing, membership of the 1961 Statelessness Convention may argue against an across-the-board acceptance of the proposition that the prevention of statelessness has emerged as a general principle of international law. 82 On the other hand, it has been argued that the underlying principles in the 1961 Statelessness Convention are generally reflected in state practice, 83 even in non-states parties. A global example of near-universal state practice is the Convention on the Rights of the Child, which specifically addresses statelessness in Spiro, ‘A New International Law of Citizenship’, 709.

No. 8. , South West Africa Cases (Liberia v. South Africa; Ethiopia v.  319. 69 The meaning of nationality 27 The 1957 United Nations Convention on the Nationality of Married Women and the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) also provide that gender discrimination in nationality matters is prohibited. 74 The third area imposing limits on states’ discretion in the conferment or loss of nationality is the duty to prevent or reduce statelessness.

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