Nationality of Foundlings

Nationality of Foundlings
Author: Mai Kaneko-Iwase
Publisher: Springer Nature
Total Pages: 462
Release: 2021-09-24
Genre: Law
ISBN: 9811630054

This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.


Nationality and Statelessness under International Law

Nationality and Statelessness under International Law
Author: Alice Edwards
Publisher: Cambridge University Press
Total Pages: 325
Release: 2014-09-18
Genre: Law
ISBN: 110703244X

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.


Citizenship Law in Africa

Citizenship Law in Africa
Author: Bronwen Manby
Publisher: African Minds
Total Pages: 121
Release: 2012-07-27
Genre: Law
ISBN: 1936133296

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.


Citizenship: A Very Short Introduction

Citizenship: A Very Short Introduction
Author: Richard Bellamy
Publisher: Oxford University Press, USA
Total Pages: 153
Release: 2008-09-25
Genre: Political Science
ISBN: 0192802534

Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.


The Oxford Handbook of Citizenship

The Oxford Handbook of Citizenship
Author: Ayelet Shachar
Publisher: Oxford University Press
Total Pages: 854
Release: 2017-08-03
Genre: Law
ISBN: 0192528424

Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.


Acquisition and Loss of Nationality

Acquisition and Loss of Nationality
Author: Rainer Bauböck
Publisher: Amsterdam University Press
Total Pages: 1
Release: 2006
Genre: Political Science
ISBN: 9053569219

Acquisition and Loss of Nationality brings together a team of thirty researchers for an in-depth analysis of nationality laws in all fifteen pre-2004 member states of the European Union. Volume One presents detailed comparisons of the citizenship laws of all fifteen nations, while Volume Two contains individual studies of each country's laws. Together, the books are the most comprehensive available resource on the question of European nationality.


Identifying with Nationality

Identifying with Nationality
Author: Will Hanley
Publisher: Columbia University Press
Total Pages: 346
Release: 2017-04-04
Genre: History
ISBN: 0231542526

Nationality is the most important legal mechanism sorting and classifying the world's population today. An individual's place of birth or naturalization determines where he or she can and cannot be and what he or she can and cannot do. Although this system may appear universal, even natural, Will Hanley shows that it arose just a century ago. In Identifying with Nationality, he uses the Mediterranean city of Alexandria to develop a genealogy of the nation and the formation of the modern national subject. Alexandria in 1880 was an immigrant boomtown ruled by dozens of overlapping regimes. On its streets and in its police stations and courtrooms, people were identified by name, occupation, place of origin, sect, physical description, and other attributes. Yet by 1914, before nationalist calls for independence and decolonization had become widespread, nationality had become the defining category of identification, and nationality laws came to govern Alexandria's population. Identifying with Nationality traces the advent of modern citizenship to multinational, transimperial settings such as turn-of-the-century colonial Alexandria, where ordinary people abandoned old identifiers and grasped nationality as the best means to access the protections promised by expanding states. The result was a system that continues to define and divide people through status, mobility, and residency.


Citizens of Nowhere

Citizens of Nowhere
Author: Lorenzo Marsili
Publisher: Zed Books Ltd.
Total Pages: 181
Release: 2018-05-15
Genre: Political Science
ISBN: 1786993724

Europe might appear like a continent pulling itself apart. Ten years of economic and political crises have pitted North versus South, East versus West, citizens versus institutions. And yet, these years have also shown a hidden vitality of Europeans acting across borders, with civil society and social movements showing that alternatives to the status quo already exist. This book is at once a narrative of the experience of activism and a manifesto for change. Through analysing the ways in which neoliberalism, nationalism and borders intertwine, Marsili and Milanese – co-founders of European Alternatives – argue that we are in the middle of a great global transformation, by which we have all become citizens of nowhere. Ultimately, they argue that only by organising in a new transnational political party will the citizens of nowhere be able to struggle effectively for the utopian agency to transform the world.