The Enigma of the International Community

By William E Conklin

Contributions by: William Twining

'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic, and psychological consequences, but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing member states to allow statelessness to occur. Now available in paperback, this book critically evaluates traditional efforts to recognize and reduce statelessness. The problem, powerfully argued, rests in the obligatory nature of law, domestic or international. By closely analyzing a broad spectrum of court and tribunal judgments from many jurisdictions, the book explains how confusion has arisen between two discourses, with one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw, or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality,' is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole. (Series: Studies in International Law) [Subject: Public International Law, Human Rights Law, Immigration Law, Asylum Law, Refugee Law, Nationality Law]

Publication Date: 10/8/2015
Format: Paper
ISBN: 9781849469692

Available in other formats