Rainer Bauböck
Maybe the better solution for this dilemma is one that was discussed in an earlier GLOBALCIT forum
debate: new types of international travel documents similar to those for stateless persons or the
Nansen passports for refugees in the interwar period of the 20th century.229
Conclusion: Strengthening, not weakening equal sovereignty
In this short intervention I have endorsed the following proposals for a stronger response by
international law to weaponised and oppressive uses of citizenship laws: (1) Citizenship attributions
that have the intention and effect of undermining the territorial integrity and stability of other states
should be considered illegal. (2) They should be distinguished from other practices of extraterritorial
mass naturalisations that are worthy of critique if they violate the genuine link principle or the
requirement of individual consent but should not trigger international non-recognition of such
statuses. (3) International law should develop further to distinguish more clearly between territorial
claims that are worthy of recognition and those that ought to be rejected. In the latter case, the
rights of individuals from such territories without another recognised nationality should be protected
through international travel documents and substitutes for diplomatic protection.
Such responses to weaponised citizenship would not “storm the last bastion” of sovereignty; they
would merely curb the power of states to attribute their nationality in aggressive, oppressive, and
arbitrary ways – for the sake of defending the integrity of the affected states’ territory and citizenship.
Ultimately, such a progressive evolution of international law would serve to strengthen the legal
fiction that all states are equal as the makers of international law – a fiction that we need to uphold
against a looming degeneration of the international order into new forms of anarchy and great power
confrontation.
229 ‘Mobility without membership: Do we need special passports for vulnerable groups?’, GLOBALCIT Forum Debate, Mobility without
membership: Do we need special passports for vulnerable groups? - Globalcit.
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Robert Schuman Centre for Advanced Studies