Political Geography: Southeast Asia / Topic: Statelessness

Author:: Jade Roberts
Publication Date:: 02-2024
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: The ongoing proceedings in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar)1have been recognised as significant for a number of reasons.2First, the proceedings concern genocide, which isregarded as the most heinous of crimes,3and due to issues of jurisdictional limitations in parallel proceedings in the International Criminal Court (‘ICC’),4theInternational Court of Justice (‘ICJ’ or ‘the Court’) may be the only international court capable of determining whether genocide has occurred.
Topic:: Genocide, International Court of Justice (ICJ), Rohingya, and Statelessness
Political Geography:: Southeast Asia, Myanmar, and Gambia

Author:: Tan Kian Leong
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Article 14(1)(b) of the Federal Constitution of Malaysia, when read together with sch II pt II s 1(e), theoretically acts as a safety net for Malaysian-born persons by conferring citizenship upon those who would otherwise be stateless. In practice, however, these provisions have been interpreted as imposing a dual jus soli/jus sanguinis requirement that must be satisfied before citizenship can be granted. Consequently, many persons prima facie entitled to Malaysian citizenship by operation of law are deprived of their entitlement. This article explores the possibility of adopting the Nottebohm (Liechtenstein v Guatemala) ‘genuine and effective link’ principle as a supplementary element of the s 1(e) citizenship test. Support for adoption is derived from the Parliament of Malaysia’s intent throughout the history of amendments to the citizenship provisions in the Constitution. The article further considers the plausibility of a direct legal transplantation of the principle into Malaysian law, drawing upon various sources including international law and English common law.
Topic:: Constitution, Citizenship, and Statelessness
Political Geography:: Malaysia and Southeast Asia

Author:: Christoph Sperfeldt
Publication Date:: 12-2021
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: This piece summarises recent developments concerning stateless Vietnamese populations in Cambodia, with a specific focus on communities residing for generations around the Tonle Sap Lake in central Cambodia.
Topic:: Minorities, Statelessness, and Legal Identity
Political Geography:: Vietnam, Cambodia, and Southeast Asia

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