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STATELESSNESS AS RHETORIC
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especially prone to statelessness, such as women, 384 children, 385 indigenous peoples and racial minorities, 386 and persons reported of engaging in terrorism. 387
c.
Other Related Considerations
In view of functionalism, the following should also be considered. First, refugees should be demarcated from the definition of statelessness because the purpose of the statelessness regime is the protection of the unprotected who are not
refugees. 388 Second, when looking into foreign law and practice, statelessness
should always be approached from the perspectives of international comparative
law and private international law. Otherwise, the analysis will be fragmented because statelessness relates to an examination of various domestic laws. States do
not know, and are presumed not to know, the laws of every State in the world and
how those laws are operationalized. 389 While public international law is highly
relevant to statelessness, States ultimately regulate citizenship through domestic
laws and regulations. 390 State legal policies can be liberating or discriminating.
Approaching the question of statelessness from these lenses also takes care of the
problems of law determination and operationalization.
The international community can build on the existing obligation in Article
33 of the 1954 Statelessness Convention to inform the Secretary-General about
laws and regulations adopted to fulfill treaty obligations. 391 This obligation stems
from each State party's right to be informed about the application of the 1954
Statelessness Convention. 392 Constructing a database of nationality legislation is
384. For a good overview, see Karen Knop & Christine Chinkin, Remembering Chrystal MacMillan: Women's Equality and Nationality in International Law, 22 MICH. J. INT'L L. 523, 531 (2001)
(arguing that women's inequality in nationality law can be seen within the prism of three generations
of issues of inequality). See also Francis Tom Temprosa, Falling Between the Cracks: Statelessness,
Nationality and Migration, 2 QUILTED SIGHTINGS: A WOMEN AND GENDER STUDIES READER 11
(2012).
385. See Jacqueline Bhabha, Arendt's Children: Do Today's Migrant Children Have a Right to
Have Rights, 31 HUM. RTS. Q. 410 (2009); Jo Boyden & Jason Hart, The Statelessness of the World's
Children, 21 CHILD. & SOC. 237 (2007).
386. For an interesting position on minority culture and secular criticism, see Aamir R. Mufti,
Auerbach in Istanbul: Edward Said, Secular Criticism, and the Question of Minority Culture, 25
CRITICAL INQUIRY 95 (1998).
387. See other parts of this article for the discussion on the nexus with terrorism.
388. See WEIS, supra note 36, at 44, 164 (outlining the categories of unprotected persons).
389. See note 410–11 and accompanying text.
390. See Gerard-René de Groot, Towards a Toolbox for Nationality Legislation Text of the Valedictory Lecture as Professor of Comparative Law and Private International Law at Maastricht University 9–10 (Oct. 14, 2016), https://cris.maastrichtuniversity.nl/portal/en/publications/towards-atoolbox-for-nationality-legislation(6ed2896f-097e-4d08-b922-aff47b71a41a).html.
391. 1954 Statelessness Convention, supra note 16, at art. 33.
392. ROBINSON, supra note 48.