Citizenship in Question

Evidentiary Birthright and Statelessness

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Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: N.A

ISBN: 9780822362807

Category: Law

Page: 312

View: 8683

The contributors to Citizenship in Question demonstrate that the line separating citizenship and noncitizenship is ambiguous and inconsistent. In case studies analyzing the legal barriers to citizenship rights in over twenty countries, the contributors show how states use citizenship requirements to police racial, ethnic, class, and religious difference.

Citizenship in Question

Evidentiary Birthright and Statelessness

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Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: N.A

ISBN: 9780822362913

Category: Law

Page: 312

View: 8508

The contributors to Citizenship in Question demonstrate that the line separating citizenship and noncitizenship is ambiguous and inconsistent. In case studies analyzing the legal barriers to citizenship rights in over twenty countries, the contributors show how states use citizenship requirements to police racial, ethnic, class, and religious difference.

Citizenship in Question

Evidentiary Birthright and Statelessness

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Author: Benjamin N. Lawrance,Jacqueline Stevens

Publisher: Duke University Press

ISBN: 0822373483

Category: Law

Page: 304

View: 8655

Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock

Citizenship Law in Africa

A Comparative Study

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Author: Bronwen Manby

Publisher: African Minds

ISBN: 1936133296

Category: Law

Page: 122

View: 7151

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Understanding Statelessness

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Author: Tendayi Bloom

Publisher: Taylor & Francis

ISBN: 1351779141

Category:

Page: N.A

View: 2560

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.

At Home in Two Countries

The Past and Future of Dual Citizenship

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Author: Peter J Spiro

Publisher: NYU Press

ISBN: 0814785824

Category: Law

Page: 208

View: 9151

The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

Disputing Citizenship

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Author: John Clarke,Kathleen Coll,Evelina Dagnino,Catherine Neveu

Publisher: Policy Press

ISBN: 1447312538

Category: Political Science

Page: 214

View: 9353

Many people take citizenship for granted, but throughout history it has been an embattled notion. This unique book presents a new perspective on citizenship, treating it as a continuous focal point of dispute. Written by scholars from Brazil, France, Britain, and the United States, it offers an international and interdisciplinary exploration of the ways different forms and practices of citizenship embody contesting entanglements of politics, culture, and power. In doing so, it offers a provocative challenge to the ways citizenship is normally conceived of and analyzed by the social sciences and develops an innovative view of citizenship as something always emerging from struggle.

Refugeehood and the Postconflict Subject

Reconsidering Minor Losses

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Author: Olga Maya Demetriou

Publisher: SUNY Press

ISBN: 143847119X

Category:

Page: 278

View: 8979

Examines the effects of culturally specific interpretations of refugeehood with an ethnographic focus on Cyprus. Being a “refugee” is not simply a matter of law, determination procedures, or the act of flight. It is an ontological condition, structured by the politics of law, affect, and territory. Refugeehood and the Postconflict Subject explores the variable facets of refugeehood, their interconnections, and their intended and unintended consequences. Grounded on more than a decade of research on the island of Cyprus, Olga Maya Demetriou considers how different groups of “refugees” coexist and how this coexistence invites reinterpretations of the law and its politics. The long-standing political conflict in Cyprus produced not only the paradigmatic, formally recognized “refugee” but also other groups of displaced persons not so categorized. By examining the people and circumstances, Demetriou reveals the tensions and contestations within international refugee regimes and argues that any reinterpretation that accounts for these tensions also needs to recognize that these “minor” losses are not incidental to refugeehood but an intrinsic part of the wider issues. “This book offers a number of important insights with respect to refugees and refugeehood. Through the notion of ‘minor’ losses, rather than the conventional focus on ‘big’ losses, the author argues that refugees do not move from conflict to safety but from one conflict into another, or rather into a complexity of conflicting and conflictual situations and circumstances. The idea that ‘minor’ losses are not incidental to refugeehood but an intrinsic part of the wider issues at play is an important insight.” — Leonie Ansems de Vries, author of Re-Imagining a Politics of Life: From Governance of Order to Politics of Movement

Understanding Statelessness

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Author: Tendayi Bloom

Publisher: Taylor & Francis

ISBN: 1351779141

Category:

Page: N.A

View: 3145

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.

Gender and Diplomacy

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Author: Jennifer A Cassidy

Publisher: Taylor & Francis

ISBN: 1351982990

Category:

Page: N.A

View: 4862

This volume provides a detailed discussion of the role of women in diplomacy and a global narrative of their current and historical role within it. The last century has seen the Ministries of Foreign Affairs (MFAs) experience seismic shifts in their policies concerning the entry, role and agency of women within their institutional make-up. Despite these changes, and the promise that true gender equality offers to the diplomatic craft, the role of women in the diplomatic sphere continues to remain overlooked, and placed on the fringes of diplomatic scholarship. This volume brings together established scholars and experienced diplomatic practitioners in an attempt to unveil the story of women in diplomacy, in a context which is historical, theoretical and empirical. In line with feminist critical thought, the objective of this volume is to theorize and empirically demonstrate the understanding of diplomacy as a gendered practice and study. The aims of are three-fold: 1) expose and confront the gender of diplomacy; 2) shed light on the historical involvement of women in diplomatic practice in spite of systemic barriers and restrictions, with a focus on critical junctures of diplomatic institutional formation and the diplomatic entitlements which were created for women at these junctures; 3) examine the current state of women in diplomacy and evaluate the rate of progress towards a gender-even playing field on the basis thereof. This book will be of much interest to students of diplomacy studies, gender studies, foreign policy and international relations.

Statelessness and Citizenship

A Comparative Study on the Benefits of Nationality

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Author: Brad K. Blitz,Maureen Lynch

Publisher: Edward Elgar Publishing

ISBN: 1849808996

Category: Political Science

Page: 272

View: 3750

'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.

States Without Nations

Citizenship for Mortals

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Author: Jacqueline Stevens

Publisher: Columbia University Press

ISBN: 0231148771

Category: Philosophy

Page: 364

View: 9630

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them.

Solving Statelessness

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Author: Laura Van Waas,Melanie J. Khanna

Publisher: Wolf Legal Publishers

ISBN: 9789462403468

Category:

Page: 466

View: 6150

Interest in statelessness has been steadily increasing since the late 1990s - within academia, among governments, at the UN and among civil society organisations. Research projects, mapping studies and doctrinal discussions have helped to clarify the challenges faced and our understanding of what is at stake. This has led to a fresh sense of purpose in addressing the issue and there is now a growing international movement engaged in finding solutions, spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stocktaking to inspire solutions. As Volker Tuerk outlines in his introduction to this ground-breaking publication: "The global debates have moved beyond the need to explain the problem and its causes and consequences. The time has come to accelerate the momentum to implement durable solutions effectively." The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness. With contributions from both scholars and practitioners, the book is likely to be of interest to anyone engaged in studying or implementing solutions for statelessness, including researchers, government policy-makers, staff of international or regional inter-governmental bodies and UN agencies, grass-roots and international civil society organisations, legal practitioners and advanced-level students.

Acquisition and Loss of Nationality

Comparative Analyses - Policies and Trends in 15 European Countries

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Author: Rainer Bauböck,Eva Ersbøll,Kees Groenendijk,Harald Waldrauch

Publisher: Amsterdam University Press

ISBN: 9053569200

Category: Social Science

Page: 499

View: 6173

Nationality and citizenship have been subjects of stormy policy debates in many EU countries in recent years. Concerns over the integration of immigrants, but also attempts to forge links with emigrants, have led to changes in the laws regulating loss and acquisition of nationality and citizenship. This title outlines the research conducted by a team of 30 researchers into the nationality laws and their implementation in 15 EU member states. Acquisition and Loss of Nationality - Volume 1 presents the results of a systematic comparative analysis. It uses a novel methodology that permits a detailed comparison how nationality can be acquired or lost across all 15 countries. The results show divergent trends towards liberalization in some countries and new restrictions of access to nationality in others. The book examines the impact of international and European law, presents statistical data on naturalization and assesses administrative practices. Although the European Union has no formal competence in regulating nationality, the nationality laws of member states are linked to each other via the common citizenship of the Union. Member States should therefore agree on common norms for their nationality laws. The book contains detailed policy recommendations based on the idea that stakeholders in the political community should be given access to nationality. Studies of each country's nationality law are published separately in "http://www.aup.nl/do.php?a=show_visitor_book & isbn=9789053569214" & gt; Volume 2. Additional material including detailed statistics and further comparative analyses of legal regulations of nationality is available at "http://www.imiscoe.org" & gt;www.imiscoe.org. Volume 1 & amp; 2 are also available as a set, "http://www.aup.nl/do.php?a=show_visitor_book & amp;isbn=9789053569498 & amp;l=2" & gt;click here for more information. This is the most comprehensive comparative study of the legal status of nationality so far and it will become an indispensable source of reference for further research. For more information see: "http://www.imiscoe.org/natac/" & gt;http://www.imiscoe.org/natac.

Nationality and Statelessness under International Law

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Author: Alice Edwards,Laura van Waas

Publisher: Cambridge University Press

ISBN: 9781316601136

Category: Law

Page: 326

View: 8477

Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

The Ethics and Politics of Asylum

Liberal Democracy and the Response to Refugees

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Author: Matthew J. Gibney

Publisher: Cambridge University Press

ISBN: 9780521009379

Category: Law

Page: 287

View: 3098

Over the last two decades, asylum has become a highly charged political issue across developed countries. This book draws upon political and ethical theory and an examination of the experiences of the United States, Germany, the United Kingdom and Australia to consider how to respond to the challenges of asylum. In addition to explaining why asylum has emerged as such a key political issue, it provides a compelling account of how states could move towards implenting morally defensible responses to refugees.

Reproducing the State

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Author: Jacqueline Stevens

Publisher: Princeton University Press

ISBN: 9780691017143

Category: Political Science

Page: 307

View: 2191

People are said to acquire their affiliations of ethnicity, race, and sex at birth. Hence, these affiliations have long been understood to be natural, independent of the ability of political societies to define who we are. Reproducing the State vigorously challenges the conventional view, as well as post-structuralist scholarship that minimizes state power. Jacqueline Stevens examines birth-based theories of membership and group affiliations in political societies ranging from the Athenian polis, to tribes of Australia, to the French republic, to the contemporary United States. The book details how political societies determine the kinship rules that are used to reproduce political societies. Stevens analyzes the ways that ancestral and territorial birth rules for membership in political societies pattern other intergenerational affiliations. She shows how the notion of ethnicity depends on the implicit or explicit invocation of a past, present, or future political society. She also shows how geography is used to represent political regions, including continents, as the seemingly natural underpinning for racial taxonomies perpetuated through miscegenation laws and birth certificates. And Stevens argues that sex differences are also constituted through membership practices of political societies. In its chronological and disciplinary range, Reproducing the State will reward the interest of scholars in many fields, including anthropology, history, political science, sociology, women's studies, race studies, and ethnic studies.

Revolting Subjects

Social Abjection and Resistance in Neoliberal Britain

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Author: Doctor Imogen Tyler

Publisher: Zed Books Ltd.

ISBN: 1848138547

Category: Social Science

Page: 264

View: 3999

Revolting Subjects is a groundbreaking account of social abjection in contemporary Britain, exploring how particular groups of people are figured as revolting and how they in turn revolt against their abject subjectification. The book utilizes a number of high-profile and in-depth case studies - including 'chavs', asylum seekers, Gypsies and Travellers, and the 2011 London riots - to examine the ways in which individuals negotiate restrictive neoliberal ideologies of selfhood. In doing so, Tyler argues for a deeper psychosocial understanding of the role of representational forms in producing marginality, social exclusion and injustice, whilst also detailing how stigmatization and scapegoating are resisted through a variety of aesthetic and political strategies. Imaginative and original, Revolting Subjects introduces a range of new insights into neoliberal societies, and will be essential reading for those concerned about widening inequalities, growing social unrest and social justice in the wider global context.

Paper Citizens

How Illegal Immigrants Acquire Citizenship in Developing Countries

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Author: Kamal Sadiq

Publisher: Oxford University Press

ISBN: 9780199707805

Category: Political Science

Page: 296

View: 9617

In this groundbreaking work, Kamal Sadiq reveals that most of the world's illegal immigrants are not migrating directly to the US, but to countries in the vast developing world, where they are able to obtain citizenship papers fairly easily. Sadiq introduces "documentary citizenship" to explain how paperwork--often falsely obtained--confers citizenship on illegal immigrants. Across the globe, there are literally tens of millions of such illegal immigrants who have assumed the guise of "citizens." Who, then, is really a citizen? And what does citizenship mean for most of the world's peoples? Rendered in vivid detail, Paper Citizens not only shows how illegal immigrants acquire false papers, but also sheds light on the consequences this will have for global security in the post 9/11 world.