2021
Statelessness & Citizenship Review
3(1)
simultaneously, how the production of statelessness itself shaped international law
and the structures of international political organisation.
Statelessness is often understood to have been an afterthought to the 1951
Convention Relating to the Status of Refugees, 5 and largely neglected by the postSecond World War (WWII) human rights framework. It has been conceptualised
as an anomaly or a legal void; a state of being outside of law and politics; a term
that is defined only by what it lacks — citizenship and rights. 6 This book fills up
those empty spaces and, in doing so, challenges some of the assumptions that
underlie these notions. Siegelberg shows how statelessness, as a concept, has
always inhabited international legal thought — and has both threatened and shaped
international power structures. She fills the international sphere with the agency
of key thinkers and lawyers who were themselves affected by statelessness.
Further, by grounding the conceptualisations of statelessness in historical events,
Siegelberg shows how the international trajectory has not always been from a
starting point of neglect towards ‘solving’ statelessness. Over the years, the issue
has been wilfully ignored and consigned to the realms of legal fiction, sometimes
conceptualised as freedom from the fetters of state laws, and latterly pragmatically
displaced by political imperatives relating to statehood and self-determination.
Siegelberg seamlessly weaves her story from a rich variety of sources including
popular fiction, case law, works of political philosophy and correspondence
between stateless persons and international organisations. She illustrates how the
scope and limits of international law and political organisation that impact
stateless persons today were constructed from theory, idealism, pragmatism and
organisational interests. She populates her book with personalities of the past
including Fridtjof Nansen, Hersch Lauterpacht, Paul Weis, Manly Hudson,
Hannah Arendt and many lesser known but influential figures. She grounds the
ever-shifting concepts of statelessness in their personal experiences, moral
convictions and legal reasonings. As such, her narrative is cohesive and accessible
to scholars from all academic fields. ‘Statelessness studies’ as a field growing from
an off-shoot of refugee law, has grappled with how to grow into a more interdisciplinary space. 7 Siegelberg’s work effortlessly navigates between different
academic disciplines. As such, this is a book that should become a key
introductory text for statelessness scholars, and will likely serve to introduce
researchers from broader disciplines to the key debates within statelessness.
Chapter 1 traces how, in the aftermath of the First World War, the significance
of statelessness was transformed in international politics from a ‘[s]ubject of
[f]iction to a [l]egal [r]eality’. 8 The years of the First World War and the
immediate aftermath saw the breakup of the Russian (Romanov), AustroHungarian (Habsburg), Prussian and Ottoman empires, shifting imperialist
ideologies and thinking on subjecthood and citizenship. The fragmentation of
these empires brought a new impetus to notions of statehood, statelessness and the
protection of minorities and collectives. Siegelberg captures what statelessness
5
6
7
8
Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS
150 (entered into force 22 April 1954).
For further discussion, see, eg, William Conklin, Statelessness: The Enigma of the
International Community (Hart Publishing 2014); Amal de Chickera, Unravelling Anomaly:
Detention, Discrimination and the Protection Needs of Stateless Persons (Equal Right Trust
2010).
Maria Jose Recalde-Vela, Sangita Jaghai-Bajulaiye and Caia Vlieks, ‘The State of
Statelessness Research: 5 Years Later’ (2019) 24(2) Tilburg Law Review 139.
Siegelberg (n 4) 12.
164