Questioning de facto Statelessness: By Looking at de facto Citizenship

Tilburg Law Review

Jason Tucker¹ 

[1] PhD Candidate, Department of Social and Policy Sciences, University of Bath;

关键词: de jure stateless;    de facto stateless;    statelessness;    ineffective citizenship;    effective citizenship;    Estonians of Russian origin;   

DOI  :  10.1163/22112596-01902026

来源: DOAJ

【 摘 要 】

This article challenges the concept of 'de facto' (by fact) statelessness, often conceptualised as ineffective citizenship, from being included within the statelessness discourse. This is done by considering the nexus between 'de jure' (by law) statelessness and 'de facto' citizenship. The argument that if someone can have citizenship that is so ineffective they are 'de facto' stateless is extended to consider if a person can receive such effective ‘citizenship’, despite 'de jure' statelessness, that they should be considered a 'de facto' citizen, thus not stateless. By drawing upon the example of the stateless Estonians of Russian origin, the dangers of not recognising the centrality of the legal bond of citizenship, seen in attempts to incorporate 'de facto' statelessness into the statelessness debate, are reflected upon. 'De facto' ‘statelessness’ is shown not only to underutilise the plethora of human rights conventions available, but also to threaten the statelessness conventions themselves.

【 授权许可】

Unknown