无国籍的现代史和社会政治问题

IF 1.7 3区 社会学 Q2 INTERNATIONAL RELATIONS Cambridge Review of International Affairs Pub Date : 2022-12-19 DOI:10.1080/09557571.2023.2159703
Zainab Olaitan
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引用次数: 0

摘要

Mbiyozo(2019)认为,无国籍状态对国际社会来说并不是一个新问题,因为一些国家实施剥夺公民国籍的政策,作为一种制裁形式,将他们认为不受欢迎的个人排除在外。去国家化提出了理解围绕无国籍状态的讨论的必要性,以便制定预防措施。这一需求,以及诸如“什么是无国籍状态?”“在什么范围内,一个人可以被承认为无国籍人?”米拉·西格尔伯格的《无国籍:现代史》一书的必要性。国家不断坚持对国籍立法和公民身份行使绝对权力,这使本书成为一本重要而及时的干预书。它考察了关于国籍立法管辖权的辩论,同时带读者走过了理解国际法律秩序如何定义公民身份、国籍等概念的必要旅程。在方法论上,Siegelberg对法律理论进行了逐章的周期性历史分析,从第一次世界大战前到冷战后,关于无国籍状态的著作和辩论。这本书还重点介绍了国际体系为理解无国籍状态所做的不懈努力,以及政府间组织的反应。Siegelberg断言,这本书的中心目的是“重建和澄清那些塑造了对公民身份、国籍和政治成员边界理解稳定的论点”(3)。在追求这一点的过程中,她调查了无国籍问题如何为权利、主权、国际法律秩序和其他反对现代州际秩序形成的相关法律理论提供信息(3)。此外,她认为,无国籍状态暴露了国际法对国家地位和政治成员身份定义的局限性。这本书共有6章,每一章都有助于对无国籍状态进行历史分析,然后是一个结论,它以一种最清晰的方式对前几章进行了优美的总结,从而对本书的主题提供了平衡的见解。第一章追溯了无国籍状态如何从小说主题转变为现实的历史。它首先展示了以前写的关于没有国家的人的作品,这些人不被承认为无国籍人。它聚焦于Max Stoeck的故事,他是一名前德国公民,自愿被剥夺国籍,搬到英国在一家跨国公司工作,但却逃脱了
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A modern history of statelessness and the socio-political question
Mbiyozo (2019) argues that statelessness is a problem that is not new to the international community, as some states implement policies that denationalise their citizens as a form of sanction to exclude individuals they deem undesirable. Denationalisation raises the need to understand the discourse that surrounds statelessness in order to come up with preventive measures. This need, as well as questions such as ‘what is statelessness?’ and ‘within what boundaries can an individual be acknowledged as being stateless?’ informs the necessity for Mira Siegelberg’s book Statelessness: A Modern History. The continuous insistence of states to wield absolute authority over nationality legislation and citizenship makes this book an important and timely intervention. It examines the debates on jurisdiction over nationality legislation, while taking the reader through the necessary journey of understanding how the international legal order defined concepts such as citizenship, nationality etc. Methodologically, Siegelberg presents a chapter-by-chapter periodic historical analysis of the legal theories, writings and debates on statelessness starting from pre-World War I to the postcold war era. The book also focuses on dedicated efforts by the international system to understand statelessness and define what it means in order to formally recognise it, as well as the reactions of intergovernmental organisations. Siegelberg asserts that the central aim of the book is to ‘reconstruct and clarify the arguments that shaped the stabilisation of understanding of citizenships, nationality, and the boundaries of political membership’ (3). In pursuing this, she investigates how the problem of statelessness informed theories of rights, sovereignty, international legal order, and other pertinent legal theories against the formation of the modern interstate order (3). Furthermore, she argues that statelessness exposes the limitation in how statehood and political membership have been defined in international law. There are 6 chapters in the book, each of which contributing to the historical analysis of statelessness, followed by a conclusion providing a balanced insight into the thesis of the book as it beautifully summarises the previous chapters in a way that provides utmost clarity for the reader. The first chapter traces the history of how statelessness moved from a subject of fiction to reality. It starts by showing prior works that have been written on persons without a state who were not acknowledged as stateless. It focuses on the story of Max Stoeck, a former German national who was voluntarily denationalised and moved to Britain to work in a multinational corporation only to escape
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7.10%
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39
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