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Lucia M. Rafanelli
supposedly safe, countries to have their asylum claims assessed.48 Similarly, housing
refugees in camps, sometimes for many years,49 doesn’t obviously violate international law, but it allows states to deny refugees full membership and its attendant
protections.
Further, Owen notes that states may adopt domestic laws compliant in letter with
‘international norms governing the reduction of…statelessness’ but not effectively
implement them.50 He cites Catherine Allerton’s work on Malaysia, where the
constitution allows resident children without another citizenship to become Malay
citizens, but where this provision has never actually been used to grant a child
citizenship.51 Under some circumstances, even states that revoke the citizenship of
someone without another citizenship may be considered compliant with international law.52 A 2014 law allowed the UK to denaturalise naturalised citizens
without another citizenship if the government deemed them dangerous to the UK’s
‘vital interests’ and reasonably believed another country’s law would permit them to
acquire citizenship there.53 Importantly, the UK law did not require the denaturalised
person actually possess another citizenship—only that the UK government be
convinced they could obtain one according to the letter of some other country’s
law. Nonetheless, the UK law was considered ‘compatible with the UK’s international
obligations.’54
Taken together, these realities mean the state system—specifically, its organisation around the Political Authority and Sovereignty Principles—both makes state
membership necessary to enjoy a host of benefits important to living a decent life and
being treated justly and with dignity and gives states the power to deny that
membership at will. Thus, statelessness, in a very real sense, is created by the state
system. Statelessness consists in people being effectively denied state membership
and its attendant benefits and protections. What creates this phenomenon? First,
what makes it the case that these benefits and protections (legal standing, political
enfranchisement, access to basic goods and services, freedom from basic rights
violations, etc.) are attached to state membership? The answer I’ve suggested is the
state system—more specifically, the fact that the state system is structured around the
Political Authority Principle. Second, what makes it the case that people can simply
be summarily denied state membership and the benefits attached to it? Again, the
answer is the state system—more specifically, the fact that the state system is
structured around the Sovereignty Principle.
That some will be left disenfranchised, with their basic needs unfulfiled and their
rights unprotected, is surely a predictable effect of attaching political representation,
basic needs fulfilment, and rights protections to state membership (i.e., adopting the
Political Authority Principle) and granting states the power to deny membership at
will (i.e., adopting the Sovereignty Principle). A political system built on the Political
Authority and Sovereignty Principles is designed around the decision to empower
states and give them the authority to make people stateless. The current state system
48
For a critical discussion of such programs, see Cherem 2016; quote from Cherem 2016, 183.
USA for UNHCR 2020.
50
Owen 2018, 305.
51
Ibid.
52
See ibid., 309.
53
Ibid.
54
Ibid.
49
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press