Regulation against weaponisation: a double-edged sword?
ensuring racial and gender equality are already in place.48 Yet the possibility to derogate from specific
provisions in the human rights treaties leaves substantive margin for their potential weaponisation
through citizenship acquisition (and loss). In other words, for as long as states have the monopoly
over the rules for inclusion and exclusion, and for as long as nationality attribution is a core matter of
sovereignty, the misuse of those rules will be possible.
A solution?
It is easy to be critical of Jain’s proposal for a new international nationality law because of its “broad
brush” approach without offering an alternative solution.49 And I do not have one – at least not one
that could realistically be put in practice in the near future within the limits of the current international
state system. If we accept that the creation of boundaries that “keep some in” and “shut others out”
are at the heart of human relations that construct societies, the abuse of such boundaries will always
remain a possibility: be it through nationality laws, or whichever other principle will be used to govern
the linkages between individuals and territorial jurisdictions. To overcome the systemic problem
of states “manufacturing statelessness” and weaponising citizenship for that purpose, educating
citizens of their role as participants in collective decision-making is crucial.50 A person aware of their
rights in society, aware and respectful of the rights of others, and conscious of the limits of states’
power is the best ‘shield’ against states or groups taking advantage of laws to harm others. After all,
being a citizen is not only about “being filed into” a state.51 It is also about creating communities of
individuals with equal rights.
Epilogue
I have many file numbers, in many places: R48FC8132, DZNJLN16E97B582L, 1391970144972, PK
45 78 99. I have no voting rights anywhere in this world. But I have a voice. Somewhere.
48 Spiro P. (2014), ‘Citizenship, nationality, and statelessness’, in Chetail V. and Bauloz C. (eds.), Research Handbook on International
Law and Migration, Edward Elgar.
49 Jain 2022.
50 Jain, N. (2022), ‘Manufacturing Statelessness’, American Journal of International Law 116(2), 237-288.
51 Brubaker 1999.
European University Institute
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