2021
Statelessness & Citizenship Review
3(1)
Yet, international law on statelessness and citizenship utterly overlooks the
importance of (de)colonial legacies. 24 Both the 1954 Convention Relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness (‘Statelessness Conventions’) are based on the premises that
statelessness is principally due to a conflict of nationality laws, arbitrary
deprivation of nationality or gender-based discrimination, but disregard the largescale impact of colonialism in creating statelessness. 25 In this regard, TWAIL
offer a valuable standpoint in deconstructing the colonial features and effects of
international law. 26 Through a critical legal analysis, TWAIL scholars seek to
challenge the supposedly ‘universality’ of international law and demonstrate how
the international legal framework perpetuate unequal power relations. Notably,
TWAIL scholarship questions the premises that international human rights law
instruments are emancipatory. Rather, they emerge as Eurocentric projects,
exclusively drafted by wealthy powerful nations, in an attempt to reinforce the
dominance of the ‘Global North’ over the ‘Global South’, and the subordination
of non-Europeans to Europeans. 27 In doing so, TWAIL scholars notably rely on a
critical historical perspective on the foundations of international law.
Against this background, this article aims at filling the existing research gap by
exploring Syrian nationality legislation and statelessness through an anti-colonial
perspective. This paper builds upon TWAIL scholarship in an effort to deconstruct
and uncover the hidden colonial features of Syrian citizenship. Ultimately, this
paper argues that discriminatory provisions in Syrian nationality laws and the
resulting risk of statelessness bear the legacies of European colonialism and
hegemony. This analysis starts first by offering a historical context on the colonial
history and formation of Syria as a modern nation-State. The following Part
exposes the colonial responsibility in introducing gender-based discrimination in
Syrian citizenship, and in depriving the Kurds and Palestinians from their right to
self-determination. Part V explores arbitrary deprivation of nationality in Syria as
an act inspired by European practices. Finally, this paper ends with concluding
thoughts, summarising the main findings and calling for the value of an anticolonial analysis of citizenship.
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27
Malak Benslama-Dabdoub, ‘Decolonising Statelessness: Unpacking Colonial Legacies and
Deconstructing Forms of Epistemic Violence’, CSS Blog, University of Melbourne (Blog
Post, January 2021) <https://law.unimelb.edu.au/centres/statelessness/critical-statelessnessstudies-blog/decolonising-statelessness-unpacking-colonial-legacies-and-deconstructingforms-of-epistemic-violence>.
See Convention Relating to the Status of Stateless Persons, opened for signature 28 September
1954, 360 UNTS 117 (entered into force 6 June 1960); Convention on the Reduction of
Statelessness, opened for signature 30 August 1961, 989 UNTS 185 (entered into force 13
December 1975).
James Thuo Gathii, ‘Rejoinder: TWAILing International Law’ (1999) 98(6) Michigan Law
Review 2066; Makau Mutua and Antony Anghie, ‘What is TWAIL?’ [2000] 94 Proceedings
of the Annual Meeting (The American Society of International Law) 31; Obiora Chinedu
Okafor, 'Critical Third World Approaches to International Law (TWAIL): Theory,
Methodology, or Both?’ (2008) 10(4) International Community Law Review 371; Luis Eslava
and Sundhya Pahuja, ‘Between Resistance and Reform: TWAIL and the Universality of
International Law’ (2011) 3(1) Trade, Law and Development 103; Luis Eslava and Sundhya
Pahuja, ‘Beyond the (Post) Colonial: TWAIL and the Everyday Life of International Law’
(2012) 45(2) Verfassung und Recht in Übersee/Law and Politics in Africa, Asia and Latin
America 195.
Ratna Kapur, Gender, Alterity and Human Rights: Freedom in a Fishbowl (Edward Elgar
Publishing 2018).
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