2021
Statelessness & Citizenship Review
3(1)
issue to many. Siegelberg contextualises the lack of international solutions to
exclusion and expulsions not simply as an issue of restrictive immigration and
asylum policies, but of the unsettled boundaries between statehood and
international legal order. She plots how visions of internationalism and global
society were sidelined to address migration management concerns. In the process,
the boundaries of state membership were cemented. Debates ensued over the
state’s legal authority in matters of nationality. Failed attempts to globally
systematise nationality laws influenced theoretic and public thinking. Meanwhile
legal abstraction and formalism, which had dominated questions of personhood
and statelessness, came under assault from a new wave of legal realism influenced
by global events. Legal realism sought to expose the power relations inherent in
law. Legal abstractions relating to personhood, they argued, when faced with the
social realities of the time, were both ‘pointless’ and ‘dangerous’. Siegelberg
argues that even as Jews in Nazi Germany retained a formal legal status that
enabled other states to turn a blind eye, they were effectively stripped of any
semblance of political protection. 12
Chapter 5 takes the reader through to the post-war decades that saw the birth of
the UDHR and the conventions that defined what was to be a refugee and a
stateless person. This period is usually conceived of as the time when individuals
became the subjects of international legal order, and when international law began
to influence the sovereign domain of states. The author argues that the status of
individuals in international law can only be fully understood by examining the
space occupied by statelessness. 13 Statelessness during this period was central to
debates about rights and the post-war order. Whilst in previous decades, its
significance was for those advocating for the supremacy of international law, in
the 1940s and beyond the problem was used to advocate for the validity of the
sovereign state as the primary source of rights and law. Siegelberg examines the
analysis, correspondence, notes from meetings and scholarship on statelessness to
plot the development of a new world order that was premised on the formal
equality between sovereign states. In doing so, she explores the debates around
the inclusion of the right to nationality in the UDHR, 14 including the arguments of
key historical figures including Eleanor Roosevelt and Hannah Arendt. Siegelberg
argues that the right to nationality was articulated in the context of entrenching the
‘doctrine of sovereign equality’ and the current international order in which the
human rights framework largely deferred to state power and state interests. 15
Chapter 6, ‘Nationalizing International Society’, 16 traces how in the post war
era understandings of citizenship as a formal legal status were transformed into
more substantive definitions that emphasised social experience and social bonds
— a process Siegelberg calls ‘the socialization of citizenship’. 17 She takes the
reader through key debates on the boundaries between de jure and de facto
citizenship as well as the content and quality of different citizenships. The chapter
also explores how, as European empires disintegrated and newly independent
states were born, concerns arose about resultant forms of statelessness. Siegelberg
shows how these concerns were largely swallowed as the principle of self12
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ibid 151.
ibid 155.
Now found in UDHR (n 3) art 15.
ibid 156.
ibid 193.
ibid 195.
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