Statelessness, Governance, and the Problem of Citizenship
exclusion of the stateless — and certainly the issue of statelessness has enjoyed
significant advocacy because of efforts made to bring it into the international
human rights regime 32 — readers are encouraged to look beyond the law and
beyond legal documents, beyond which authority is recognised as a state and
which is not, to investigate a context as it really is and as it is experienced by those
affected. At the same time, the law remains a vital foundation, underlying
everything. Indeed, throughout the contributions in this volume, the authors
continually return to law as a vital part of understanding and addressing
statelessness. And that is the point. The important critique is not only that a strictly
legal approach might not deliver on its promises, but that it is an inherent element
or mode of the governance of citizenship, one with real effect and consequence
over and above form and legality. Rather than statelessness being (only) an error
or bug in the international legal system meaning that the international legal system
needs improvement or tweaking, we can see how the international state-based
legal order, and international law, have (also) worked to produce statelessness ie
that the exclusion of people from the system is structural. 33 The point is that to
seek critical distance from the international legal order, we cannot reject or refuse
to deal with it. Rather, we need to pay close attention to its histories, operation and
effect in context. That can help us to disrupt orthodox thinking, to stretch out
beyond the binaries of legal or illegal, citizen or non-citizen, states and non-state
actors. We can also see statelessness in a different temporal light. Rather than
simply being ‘a human rights issue that landed on the doorstep of international law
requiring legal remedy’, 34 we could start to see that statelessness has been
‘produced in the collisions between empire, sovereignty, self-determination and
internationalism’; 35 that statelessness is a symptom of historic discrimination
within the practices of governance of citizenship and migration.
Future legal responses inspired by the contributions within this book therefore
need to grapple with that real, messy and subtle reality. This book makes clear that
those future efforts need to rely on the multiple perspectives and voices of people
affected by statelessness. Those future efforts need to be interdisciplinary,
intersectional, 36 and seeking comprehension of context not only in legal terms, but
historically, socially, emotionally and politically, local, transnational and
international. In this sense, the individual chapters will be fascinating and useful
for students, scholars and practitioners to dip into. Most importantly, seen as a
whole, the volume can be commended for starting the hard work of inserting tiny
fragments of coloured glass, worn smooth by the sea of lived experiences, into
what will eventually become a far larger mosaic helping us to understand and think
differently about the complexities of the governance of citizenship — including
the role of law — in relation to the question of statelessness.
32
33
34
35
36
See Kingston, ‘Conceptualizing Statelessness as a Human Rights Challenge: Framing, Visual
Representation, and (Partial) Issue Emergence’ (2019) 11 Journal of Human Rights Practice
52, 68; Michelle Foster and Hélène Lambert, ‘Statelessness as a Human Rights Issue: A
Concept Whose Time Has Come’ (2016) 28(4) International Journal of Refugee Law 564.
Phillip Cole, ‘Insider Theory and the Construction of Statelessness’ in Tendayi Bloom,
Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017) 255.
Natalie Brinham, ‘Statelessness: A Modern History by Mira L Siegelberg (Harvard University
Press)’ (2021) 3(1) Statelessness & Citizenship Review 163.
ibid.
Deirdre Brennan, Nina Murray and Allison J Petrozziello, ‘Asking the “Other Questions”:
Applying Intersectionality to Understand Statelessness in Europe’ in Tendayi Bloom and
Lindsey N Kingston (eds), Statelessness, Governance, and the Problem of Citizenship
(Manchester University Press 2021) 222, 230–31.
365