Statelessness in Public Law / Dorota Pudzianowska.

Format:

Book

Author/Creator:

Pudzianowska, Dorota, author.

Series:

Ius nostrum ; Volume 26.

Ius, Lex et Res Publica Series ; Volume 26

Language:

English

Subjects (All):

Statelessness.

Stateless persons.

Public law.

Physical Description:

1 online resource (274 pages)

Edition:

First edition.

Place of Publication:

Berlin, Germany : Peter Lang GmbH, [2023]

Summary:

This book discusses the fundamental issues of public law in the area of statelessness in the perspectives of comparative law and international-law standards, proposing 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.

Contents:

Cover

HalfTitle

Series Page

Title Page

Copyright Page

Dedication

Contents

List of Abbreviations

Introduction

Part I

Chapter I Statelessness: Introduction to the Problem

1. The evolution of the legal concept of statelessness

2. The concept of statelessness and the law of statelessness

3. The legal essence of statelessness

4. Causes of statelessness

5. The regulation of statelessness in international law

5.1. Statelessness as a human-rights issue

5.2. Statelessness and the protection of refugees

5.3. United Nations conventions on statelessness

5.3.1. The 1954 Convention relating to the Status of Stateless Persons

5.3.2. The 1961 Convention on the Reduction of Statelessness

5.4. The regulation of statelessness in Europe

6. Basic legal mechanisms for regulating statelessness

7. Conclusions

Chapter II Defining the Stateless Person

1. The meaning of the term 'stateless person'

2. Definition of a stateless person in international law

2.1. General problems

2.2. Semantic challenges

2.2.1. Narrow interpretation of the definition of a stateless person in the 1954 Convention

2.2.2. Broad interpretation of the definition of a stateless person in the 1954 Convention

3. Problems with the definition of a stateless person in selected jurisdictions

4. The various categories of stateless persons

5. Conclusions

Chapter III Counteracting Statelessness

1. Preventing statelessness

1.1. Introductory remarks

1.2. Prevention of statelessness upon renunciation of nationality

1.3. Statelessness prevention in involuntary loss of nationality

1.3.1. Loss of nationality due to the lack of an effective link to the state

1.3.2. Loss of nationality due to fraud in naturalization procedures

1.3.3. Loss of nationality due to disloyal conduct.

1.3.4. Loss of nationality by a child due to parentage redetermination, adoption or parental loss of nationality

2. Reducing statelessness

2.1. Introductory remarks

2.2. Reduction of statelessness occurring at birth

2.3. Reduction of statelessness occurring later in life

2.3.1. The international standard

2.3.2. Regulatory frameworks in selected jurisdictions

3. Conclusions

Chapter IV Protection of Stateless Persons

Statelessness-Determination Procedures

1. Preliminary issues

2. Procedures for the determination of statelessness

2.1. Preliminary issues

2.2. UNHCR guidance on the introduction of statelessness-determination procedures in domestic jurisdictions

2.2.1. Preliminary issues

2.2.2. The administrative framework

2.2.3. The accessibility of the procedure

2.2.4. Procedural safeguards

2.2.5. Burden and standard of proof

3. Regulatory frameworks in selected jurisdictions

3.1. Preliminary issues

3.2. The administrative framework

3.3. The accessibility of the procedure

3.4. Procedural safeguards

3.5. Burden and standard of proof

4. The status of statelessness

4.1. The 1954 Convention relating to the Status of Stateless Persons

4.2. Regulatory frameworks in selected domestic jurisdictions

Part II

Chapter V The Category of 'Women' in the Law of Statelessness

1. Causes of statelessness in women

1.2. Women's statelessness upon marriage

1.3. Women's statelessness during marriage

1.4. Women's statelessness resulting from the termination of marriage

2. Prevention of statelessness in women

2.1. Prevention of women's statelessness on the international level

2.2. Prevention of women's statelessness in domestic jurisdictions.

3. Current issues relating to the prevention of women's statelessness and protection of stateless women

3.1. Preventing statelessness

3.2. Reducing statelessness

3.3. Protection of stateless women

4. Conclusions

Chapter VI The Category of 'Children' in the Law of Statelessness

1. Introductory remarks

2. Causes of children's statelessness

3. General principles in international law

4. Reducing statelessness in children

4.1. Reducing statelessness in foundlings

4.1.1. The international standard

4.1.2. Regulatory frameworks in selected domestic jurisdictions

4.2. Reducing the statelessness of 'otherwise stateless' children

4.2.1. The convention standard

4.2.2. Purported modifications of the convention standard by soft law

4.2.3. Regulatory frameworks in selected domestic jurisdictions

5. Prevention of statelessness in children

5.1. Prevention of statelessness upon loss of nationality due to parentage redetermination or adoption

5.1.1. The international standard

5.1.2. Regulatory frameworks in selected domestic jurisdictions

5.2. Prevention of statelessness in children's loss of nationality triggered by parental loss of nationality

5.2.1. The international standard

5.2.2. Regulatory frameworks in selected domestic jurisdictions

6. Counteraction of statelessness and birth registration

7. Protection of stateless children

8. Conclusions

Chapter VII The Category of Individuals Distinguished on the Grounds of Public Interest

1.1. Preventing statelessness in denaturalization for fraud

1.1.1. The international standard

1.1.2. Selected domestic jurisdictions

1.2. Statelessness prevention in cases of conduct disloyal to the state of nationality

1.2.1. The international standard

1.2.2. Selected domestic legal frameworks.

2. Exclusions from protection mechanisms

2.1. Exclusions: Overview

2.2. Individuals excluded from protection by Article 1(2)(iii)(a) of the 1954 Convention

2.3. Individuals excluded by Article 1(2)(iii)(b) of the 1954 Convention

2.4. Individuals excluded from protection by Article 1(2)(iii)(c) of the 1954 Convention

2.5. Selected domestic regulatory frameworks and court decisions

2.6. Ex-post exclusion

2.6.1. Expulsion of a stateless person

2.6.2. Withdrawal or cancellation of stateless status

2.7. The individual's situation following exclusion

3. Reducing statelessness

Chapter VIII The Category of Individuals Distinguished on Account of 'Voluntarity'

1. The concept of 'voluntary stateless persons'

2. Legal qualification of 'voluntarity' in the context of protection

2.1. The international standard

2.2. Selected domestic regulatory frameworks and court decisions

3. The legal qualification of 'voluntarity' in the context of statelessness reduction

4. Prevention of 'voluntary' statelessness

4.1. The international standard

4.2. Selected domestic jurisdictions

Afterword

Court Cases

Legislation

Bibliography.

Notes:

Description based on print version record.

Includes bibliographical references.

ISBN:

3-631-90705-2

3-631-90704-4