Statelessness, governance, and the problem of citizenship

Statelessness, governance, and the problem of citizenship
Author: Tendayi Bloom
Publisher: Manchester University Press
Total Pages: 552
Release: 2021-10-12
Genre: Law
ISBN: 1526156407

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When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship.

Stateless Commerce

Stateless Commerce
Author: Barak Richman
Publisher:
Total Pages: 237
Release: 2017
Genre: BUSINESS & ECONOMICS
ISBN: 9780674977266

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Cover -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. Statelessness in Context -- 2. A Case Study in Statelessness: Diamonds, the Diamond Network, and Diamontaires -- 3. The Mechanics of Statelessness -- 4. A Theory of Statelessness -- 5. The Costs of Statelessness: Cartel Behavior and Resistance to Change -- 6. Lessons from Statelessness: Economic History, Ethnic Networks, and Development Policy -- 7. Governing Statelessness -- 8. The Limits of Statelessness and an Autopsy of Cooperation -- Notes -- References -- Index

Statelessness in Public Law

Statelessness in Public Law
Author: Dorota Pudzianowska
Publisher: Ius, Lex et Res Publica
Total Pages: 0
Release: 2023
Genre: Law
ISBN: 9783631860724

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This book discusses the fundamental issues of public law in the area of statelessness from the perspectives of comparative law and international law standards. The author proposes an approach in which statelessness is not a homogeneous concept but is best analysed and responded to through the lens of different categories of statelessness. This accounts not only for the existence of different categories of stateless persons (e.g., voluntary or involuntary) but also for different assessments and needs of their respective situations for purposes such as prevention mechanisms. The book demonstrates the conceptual and regulatory relevance of this important differential aspect of the international law on statelessness (with implications for domestic legal systems).

The World's Stateless

The World's Stateless
Author: Institute on Statelessness and Inclusion
Publisher:
Total Pages: 552
Release: 2017
Genre: Law
ISBN: 9789462403659

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Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness

Stateless Commerce

Stateless Commerce
Author: Barak D. Richman
Publisher: Harvard University Press
Total Pages: 237
Release: 2017-06-19
Genre: Business & Economics
ISBN: 0674977270

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In Stateless Commerce, Barak Richman uses the colorful case study of the diamond industry to explore how ethnic trading networks operate and why they persist in the twenty-first century. How, for example, does the 47th Street diamond district in midtown Manhattan—surrounded by skyscrapers and sophisticated financial institutions—continue to thrive as an ethnic marketplace that operates like a traditional bazaar? Conventional models of economic and technological progress suggest that such primitive commercial networks would be displaced by new trading paradigms, yet in the heart of New York City the old world persists. Richman’s explanation is deceptively simple. Far from being an anachronism, 47th Street’s ethnic enclave is an adaptive response to the unique pressures of the diamond industry. Ethnic trading networks survive because they better fulfill many functions usually performed by state institutions. While the modern world rests heavily on lawyers, courts, and state coercion, ethnic merchants regularly sell goods and services by relying solely on familiarity, trust, and community enforcement—what economists call “relational exchange.” These commercial networks insulate themselves from the outside world because the outside world cannot provide those assurances. Extending the framework of transactional cost and organizational economics, Stateless Commerce draws on rare insider interviews to explain why personal exchange succeeds, even as most global trade succumbs to the forces of modernization, and what it reveals about the limitations of the modern state in governing the economy.

The Mechanics of Statelessness

The Mechanics of Statelessness
Author: Barak D. Richman
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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This chapter, to appear in a book entitled STATELESS COMMERCE: DIAMOND DEALERS, ETHNIC TRADING NETWORKS, AND THE PERSISTENCE OF RELATIONAL EXCHANGE, describes the distinctive set of industry, family, and community institutions that enables "trust-based" exchange in the diamond industry. Success in the diamond industry requires the ability to enforce executory agreements that are beyond the reach of public courts, and most commentators say that mutual trust is responsible for enabling diamond dealers to extend credit to each other. This chapter scrutinizes that claim and examines what underlies continued reciprocal trust among merchants, especially when cheating (i.e. stealing diamonds) is both quite easy and enormously lucrative. The chapter describes (1) an industry arbitration system that publicizes promises that are not kept, (2) Intergenerational legacies that induce merchants to deal honestly for long time horizons, including through their very last transaction so their children may inherit valuable livelihoods, and (3) Communities of ultra-Orthodox Jews, for whom participation in their communities is paramount, provide important value-added services to the industry without posing the threat of theft and flight. These three features enable merchants to make credible promises to be trustworthy and have enabled the industry to sustain itself for generations.

Stateless

Stateless
Author: Elizabeth Wein
Publisher: Little, Brown Books for Young Readers
Total Pages: 345
Release: 2023-03-14
Genre: Young Adult Fiction
ISBN: 0316591254

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In this historical thriller from the bestselling author of Code Name Verity, Stella North enters an air race competition as the only woman—and finds herself thrown into a mystery she must solve before it kills her. When Stella North is chosen to represent Britain in Europe’s first air race for young people, she knows all too well how high the stakes are. As the only participating female pilot, it’ll be a constant challenge to prove she’s a worthy competitor. But promoting peace in Europe, the goal of the race, feels empty to Stella when civil war is raging in Spain and the Nazis are gaining power—and when, right from the start, someone resorts to cutthroat sabotage to get ahead of the competition. The world is looking for inspiration in what’s meant to be a friendly sporting event. But each of the racers is hiding a turbulent and violent past, and any one of them might be capable of murder—including Stella herself. Agatha Christie meets Karen McManus in this thrilling mystery, packed with adventure, intrigue, love, and betrayal, from bestselling and award-winning author Elizabeth Wein.

Sovereignty and the Stateless Nation

Sovereignty and the Stateless Nation
Author: Keith Azopardi
Publisher: Bloomsbury Publishing
Total Pages: 454
Release: 2009-10-06
Genre: Law
ISBN: 1847315429

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Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.

Statelessness

Statelessness
Author: Mira L. Siegelberg
Publisher: Harvard University Press
Total Pages: 329
Release: 2020-10-06
Genre: History
ISBN: 0674240510

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The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens. Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond. In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations. Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.

The Human Rights of Non-citizens

The Human Rights of Non-citizens
Author: David Weissbrodt
Publisher: OUP Oxford
Total Pages: 300
Release: 2008-06-19
Genre: Law
ISBN: 0191563277

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Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.