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1. Nationality and the Right to Enter: Assessing the Impact of Refusal of Entry for the Purpose of Statelessness Determination

Author:
Cecilia Manzotti
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article considers the legal situation of migrants, including rejected asylum seekers, who are unable to enter what was, until then, regarded as their country of nationality. This is because that country, without explicitly disputing their nationality, either prohibits their entry or de facto prevents them from entering its territory by failing to issue travel documents or respond to requests for consular assistance for organising return. By examining the conceptualisation of nationality in international law on the one hand, and the international legal definition of a stateless person on the other hand, the article argues that the right to enter the territory of one’s state is so essential to the concept of nationality that refusal of entry and denial of consular assistance for arranging return should be regarded as evidence that the state does not consider a person as its national. Based on this argument, the article further assesses the suitability of the United Nations High Commissioner for Refugees’ guidance on statelessness determination in cases of direct or indirect denial of entry. Ultimately, this contribution aims to clarify the scope of the international legal definition of a stateless person by strongly grounding its interpretation in the conceptualisation of nationality in international law.
Topic:
Nationality, Migrants, Right of Entry, Refusal of Entry, Statelessness, and Asylum Seekers
Political Geography:
Global Focus

2. Getting Statelessness Published: Pathways to Publication for Early Career Researchers in the Field of Statelessness Studies

Author:
Barbara von Rütte
Publication Date:
12-2023
Content Type:
Working Paper
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The field of statelessness studies is coming of age.1 Over the last decade, a growing number of young scholars have been working on questions relating to statelessness and citizenship in different disciplines, from diverse perspectives and in various parts of the world, as this Special Issue demonstrates.2 Many of these young statelessness scholars have recently completed their doctoral research and are aboutto publish their work. At the same time, quite a number of significant contributions to the field are based on the doctoral research of statelessness scholars.3 Nevertheless, publishing can be difficult in a field like statelessness or citizenship which is so broad and interdisciplinary in character but, at the same time, highly specialised. Access to publication is even more difficult for early career researchers and, as the study by Jozefien Boone has shown, for scholars with lived experience of statelessness and scholars from the Global South.4Hence, the question of how research on statelessness and citizenship can be published has been raised within the Global PhDs on Statelessness (‘GPS’) network. This commentary discusses the pathway to publication for research on statelessness and citizenship by doctoral and early career scholars based on a 2021 seminar on academic publishing organised by the GPS network,5 as well as on my own experience with publishing my first monograph.6 It is directed at early career researchers in the field of statelessness studies with the aim of providing them with pathways for publishing their doctoral research.7This commentaryfocuseson the procedure for publishing a bookin the form of a traditional monograph, which is clearly distinguishable from the publishing of an academic article.
Topic:
Citizenship, Research, Global South, Academia, Statelessness, Publication, Monograph, and Article
Political Geography:
Global Focus

3. Sea Level Rise and Climate Statelessness: From 'Too Little, Too Late' to Context-Based Relevance

Author:
Michel Rouleau-Dick
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Several low-lying island states currently risk the loss of their entire territory before the end of the century. Combined with the inadequacy of the existing framework of international refugee law to address the challenges faced by those displaced, this situation has made the law on statelessness an interesting candidate for securing an alternative path to obtaining a legal status in a post-relocation context. However, while several authors have examined this possibility, the majority conclude that it fails in its putative task by providing too little, and by coming into play too late to be of any significant relevance to the situation of environmentally displaced persons in low-lying island states. This article challenges this narrative by re-examining the relevance of the law on statelessness along with the context within which it might have to play a role.
Topic:
Climate Change, Displacement, Statehood, Statelessness, Legal Status, and Climate Refugees
Political Geography:
Global Focus and Island States