{"title":"Predatory Formations: Post-Financial Crisis Lessons for the US and Europe","authors":"V. Mak","doi":"10.5334/tilr.172","DOIUrl":"https://doi.org/10.5334/tilr.172","url":null,"abstract":"","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48553650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Expulsions: The Destructive Power of Finance","authors":"R. Wibier","doi":"10.5334/tilr.174","DOIUrl":"https://doi.org/10.5334/tilr.174","url":null,"abstract":"","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49095191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
At its goal, a feminist analysis of statelessness solutions would mean the rethinking and revision of patriarchal structures and principles which create and perpetuate statelessness and add further subjugation to women and minorities affected by statelessness. This paper explores the potentiality of a feminist critique of statelessness for the dual objective of creating meaningful solutions to statelessness and as a means to push statelessness out of its confines as a subject in law, to an interdisciplinary field in its own right: Statelessness Studies. A feminist analysis during these formative years of statelessness research, is called for to avoid the pitfalls of other scholarship, which after neglecting gender/power differences for centuries must now “add women and stir”. Drawing inspiration from the seminal work of feminist critiques of international law, this paper traces the “compartmentalization of gender” in statelessness work since 1954, identifies the persistent gap in feminist-statelessness research today, and provides research questions and ideas that could begin filling in those gaps. Through the limited canon of feminist-statelessness scholarship to-date, this paper shows how a feminist analysis can provide a valuable tool to the statelessness sector for challenging the structures that permit hierarchies, privilege and domination. Such structures, this paper argues, have been the recipe for the creation, maintenance and growth of stateless populations.
{"title":"Statelessness and the Feminist Toolbox: Another Man-Made Problem with a\u0000 Feminist Solution?","authors":"Deirdre Brennan","doi":"10.5334/TILR.152","DOIUrl":"https://doi.org/10.5334/TILR.152","url":null,"abstract":"At its goal, a feminist analysis of statelessness solutions would mean the rethinking and revision of patriarchal structures and principles which create and perpetuate statelessness and add further subjugation to women and minorities affected by statelessness. This paper explores the potentiality of a feminist critique of statelessness for the dual objective of creating meaningful solutions to statelessness and as a means to push statelessness out of its confines as a subject in law, to an interdisciplinary field in its own right: Statelessness Studies. A feminist analysis during these formative years of statelessness research, is called for to avoid the pitfalls of other scholarship, which after neglecting gender/power differences for centuries must now “add women and stir”. Drawing inspiration from the seminal work of feminist critiques of international law, this paper traces the “compartmentalization of gender” in statelessness work since 1954, identifies the persistent gap in feminist-statelessness research today, and provides research questions and ideas that could begin filling in those gaps. Through the limited canon of feminist-statelessness scholarship to-date, this paper shows how a feminist analysis can provide a valuable tool to the statelessness sector for challenging the structures that permit hierarchies, privilege and domination. Such structures, this paper argues, have been the recipe for the creation, maintenance and growth of stateless populations.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48447643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to problematize some of the common assumptions within the dominant discourse on statelessness, such as the hegemonic framework of the international state system and the conceptualization of the state as an emancipatory actor, by using sociological notions of citizenship and nationalism to provide a more nuanced framework of understanding. Through a sociological lens, citizenship is considered a concept beyond formal legal status and as one heavily intertwined with notions of nationhood, and as a concept which can be utilized as a political tool. The paper argues that it is necessary to consider a sociological understanding of statelessness alongside a legal understanding of the issue in order to be able to address the complexities of statelessness.
{"title":"Mapping a Sociology of Statelessness","authors":"N. Sköld","doi":"10.5334/TILR.155","DOIUrl":"https://doi.org/10.5334/TILR.155","url":null,"abstract":"This article aims to problematize some of the common assumptions within the dominant discourse on statelessness, such as the hegemonic framework of the international state system and the conceptualization of the state as an emancipatory actor, by using sociological notions of citizenship and nationalism to provide a more nuanced framework of understanding. Through a sociological lens, citizenship is considered a concept beyond formal legal status and as one heavily intertwined with notions of nationhood, and as a concept which can be utilized as a political tool. The paper argues that it is necessary to consider a sociological understanding of statelessness alongside a legal understanding of the issue in order to be able to address the complexities of statelessness.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46517396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the judgment of the Court of Justice of the EU in the Tjebbes case, which is an important case on nationality matters under EU law and has a clear link with the landmark case of Rottmann. As this article demonstrates, the Court confirms the applicability of EU law in nationality matters and elaborates on the nature of this influence. Furthermore, this contribution considers the influence of this case on our understanding of nationality and EU citizenship, as well as its relevance to addressing statelessness in the EU.
{"title":"Tjebbes and Others v Minister van Buitenlandse Zaken:\u0000 A Next Step in European Union Case Law on Nationality Matters?","authors":"Caia Vlieks","doi":"10.5334/TILR.149","DOIUrl":"https://doi.org/10.5334/TILR.149","url":null,"abstract":"This article analyses the judgment of the Court of Justice of the EU in the Tjebbes case, which is an important case on nationality matters under EU law and has a clear link with the landmark case of Rottmann. As this article demonstrates, the Court confirms the applicability of EU law in nationality matters and elaborates on the nature of this influence. Furthermore, this contribution considers the influence of this case on our understanding of nationality and EU citizenship, as well as its relevance to addressing statelessness in the EU.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45312278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Every wrongful act gives rise to an obligation to redress the offense. In the international legal context, following the ‘traditional’ claims approach for wrongful acts, it is the state of nationality that has the duty to request redress for the violations incurred by its nationals through diplomatic protection. However, this ‘traditional approach’ excluded stateless persons, who are not considered nationals by any state. This article explores the manners in which stateless persons have been able to access mechanisms of redress for violations of their rights under international law, by exploring the challenges and opportunities their situation of statelessness creates for them in terms of accessing justice at the international level. For this purpose, three different existing international mechanisms with the powers to issue measures for redress have been selected. Through exploring access to redress for stateless persons at the international level, this article also provides an overview and analysis of the selected mechanisms, exploring their law and practice.
{"title":"Access to Redress for Stateless Persons Under International Law:\u0000 Challenges and Opportunities","authors":"Maria Jose Recalde-Vela","doi":"10.5334/TILR.153","DOIUrl":"https://doi.org/10.5334/TILR.153","url":null,"abstract":"Every wrongful act gives rise to an obligation to redress the offense. In the international legal context, following the ‘traditional’ claims approach for wrongful acts, it is the state of nationality that has the duty to request redress for the violations incurred by its nationals through diplomatic protection. However, this ‘traditional approach’ excluded stateless persons, who are not considered nationals by any state. This article explores the manners in which stateless persons have been able to access mechanisms of redress for violations of their rights under international law, by exploring the challenges and opportunities their situation of statelessness creates for them in terms of accessing justice at the international level. For this purpose, three different existing international mechanisms with the powers to issue measures for redress have been selected. Through exploring access to redress for stateless persons at the international level, this article also provides an overview and analysis of the selected mechanisms, exploring their law and practice.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43307641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Through a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has limited adherence. The International Covenent on Civil and Political Rights provides for a right to a nationality, but does not expressly identify which state is responsible. In addition, treaties in Europe and Africa only cover the right implicitly and partially, though treaties in the Americas cover the right expressly. The interpetation of these disparate treaty obligations is now coalescing into an coherent obligation. In combination with the obligation to take all decisions in a child’s best interests under the Convention on the Rights of the Child, we can now identify the birth state as the state responsible for ensuring that every child is born with a nationality.
{"title":"The Obligation to Grant Nationality to Stateless Children Under Treaty\u0000 Law","authors":"W. T. Worster","doi":"10.5334/TILR.154","DOIUrl":"https://doi.org/10.5334/TILR.154","url":null,"abstract":"Through a multi-layered, overlapping collection of international and regional treaties, one solution for child statelessness is emerging: the obligation of the birth state to grant nationality to otherwise stateless children. The 1961 Statelessness Convention imposes this obligation partly, but has limited adherence. The International Covenent on Civil and Political Rights provides for a right to a nationality, but does not expressly identify which state is responsible. In addition, treaties in Europe and Africa only cover the right implicitly and partially, though treaties in the Americas cover the right expressly. The interpetation of these disparate treaty obligations is now coalescing into an coherent obligation. In combination with the obligation to take all decisions in a child’s best interests under the Convention on the Rights of the Child, we can now identify the birth state as the state responsible for ensuring that every child is born with a nationality.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45212937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
State registration and identity documents are often promoted as a way to lift an individual out of the condition of statelessness and begin to redress their deficit of rights. This paper looks beyond invisibility to differentiate between the types of visibility that are produced by documents and registration. Drawing on Rohingyas’ historical experiences of documentation and registration in Myanmar, it explores meanings that Rohingyas’ attach to their identity documents and asks what contributions these narratives can make to understandings of identity documents in statelessness studies. It concludes that in order to ensure the principle of ‘do no harm’, international approaches to statelessness could better factor in the lived experiences of the documented, undocumented and redocumented.
{"title":"Looking Beyond Invisibility: Rohingyas’ Dangerous Encounters with Papers\u0000 and Cards","authors":"Natalie Brinham","doi":"10.5334/TILR.151","DOIUrl":"https://doi.org/10.5334/TILR.151","url":null,"abstract":"State registration and identity documents are often promoted as a way to lift an individual out of the condition of statelessness and begin to redress their deficit of rights. This paper looks beyond invisibility to differentiate between the types of visibility that are produced by documents and registration. Drawing on Rohingyas’ historical experiences of documentation and registration in Myanmar, it explores meanings that Rohingyas’ attach to their identity documents and asks what contributions these narratives can make to understandings of identity documents in statelessness studies. It concludes that in order to ensure the principle of ‘do no harm’, international approaches to statelessness could better factor in the lived experiences of the documented, undocumented and redocumented.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49146880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Maria Jose Recalde-Vela, Sangita Jaghai-Bajulaiye, Caia Vlieks
{"title":"The State of Statelessness Research: 5 Years Later","authors":"Maria Jose Recalde-Vela, Sangita Jaghai-Bajulaiye, Caia Vlieks","doi":"10.5334/TILR.148","DOIUrl":"https://doi.org/10.5334/TILR.148","url":null,"abstract":"","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43886036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyses the judgment of Hoti v. Croatia of the European Court of Human Rights which has to be seen as a landmark case for the rights of stateless persons in Europe. Recognizing the particular vulnerability of stateless persons, the Court finds a violation of the right to private life in Croatia’s failure to provide for an effective and accessible regularisation mechanism. Moreover, as this contribution argues, the Hoti case can be seen as a consolidation of the ECtHR’s social identity approach to protect the social ties of migrants in respect of the right to remain, the right to a legal status and the right to citizenship in the state of residence.
{"title":"Social Identity and the Right to Belong – The ECtHR’s Judgment in\u0000 Hoti v. Croatia","authors":"Barbara von Rütte","doi":"10.5334/TILR.150","DOIUrl":"https://doi.org/10.5334/TILR.150","url":null,"abstract":"The article analyses the judgment of Hoti v. Croatia of the European Court of Human Rights which has to be seen as a landmark case for the rights of stateless persons in Europe. Recognizing the particular vulnerability of stateless persons, the Court finds a violation of the right to private life in Croatia’s failure to provide for an effective and accessible regularisation mechanism. Moreover, as this contribution argues, the Hoti case can be seen as a consolidation of the ECtHR’s social identity approach to protect the social ties of migrants in respect of the right to remain, the right to a legal status and the right to citizenship in the state of residence.","PeriodicalId":38415,"journal":{"name":"Tilburg Law Review-Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.7,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45092838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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