Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
international law and individual State sovereignty. 31 Many countries
would identify statelessness as a problem, but no country alone is ready
to be a part of the solution or take on burdens unless other countries
do as well. 32 Although there is a basic international humanitarian
concern for other humans, 33 States retain (and want to retain) the right
to determine nationality as part of State sovereignty. 34 In other words,
while individual States have an interest in diminishing the problem of
statelessness, they would rather not be the ones to grant a particular
stateless group citizenship. 35 Instead, they would rather avoid the
political costs of welcoming stateless individuals and would prefer to
have other States take on the responsibility of nationalizing new groups
of individuals. 36 As a result, while international legal frameworks
currently exist to prevent statelessness, their weaknesses and
historically low rate of commitment to implementation and enforcement
have made them largely ineffective in solving the plight of stateless
individuals. 37 The international community has also considered
protections for refugees and the statelessness separately despite their
similarities with the prioritized focus on refugees. 38 As a result, the
development of protections for stateless individuals has lagged behind
protections for refugee populations. 39 Additionally, stateless individuals
who should have qualified for refugee protections have been denied
those protections because the two categories are being considered
separately. 40 In practice, however, there is substantial intersectionality
between being stateless and being a refugee. 41 And fourth, statelessness
31.
See Boudreaux, supra note 29, at 209–11.
32.
Id. at 211.
33.
Id. at 209.
34.
Id. (“The principle asserting that states determine their own citizens has
been enshrined and advanced by international law, from at least the 1930
Hague Convention on Nationality onward and has been further developed
and applied in judicial cases, such as the Nottebohm case adjudicated in
1955 by the International Court of Justice, which claims that ‘nationality
is within the domestic jurisdiction of the State.’“).
35.
Id. at 211.
36.
Id.
37.
Laura van Waas, Statelessness: A 21st century challenge for Europe, 20
SEC. & HUM. RTS. 133, 140 (2009); Foster & Lambert, supra note 30, at
567.
38.
Guy Goodwin-Gill, Statelessness is Back (Not That it Ever Went Away…),
EJIL: TALK! (Sept. 12, 2019), https://www.ejiltalk.org/statelessness-isback-not-that-it-ever-went-away/ [https://perma.cc/57S5-2SCV].
39.
Id.
40.
Id.
41.
Id.
362