TILBURG LAW REVIEW
Journal of International and European Law
Nannie Sköld, ‘Mapping a Sociology of Statelessness’
(2019) 24(2) Tilburg Law Review pp. 217–223. DOI:
https://doi.org/10.5334/tilr.155
RESEARCH ARTICLE
Mapping a Sociology of Statelessness
Nannie Sköld*
This article aims to problematize some of the common assumptions within the dominant
discourse on statelessness, such as the hegemonic framework of the international state system
and the conceptualization of the state as an emancipatory actor, by using sociological notions
of citizenship and nationalism to provide a more nuanced framework of understanding. Through
a sociological lens, citizenship is considered a concept beyond formal legal status and as one
heavily intertwined with notions of nationhood, and as a concept which can be utilized as a
political tool. The paper argues that it is necessary to consider a sociological understanding of
statelessness alongside a legal understanding of the issue in order to be able to address the
complexities of statelessness.
Keywords: Statelessness; Citizenship; Nationalism; Sociology; Tool of Oppression
1 Introduction
Although statelessness is still an emerging field of study within sociology, established fields of sociological
research such as citizenship and nationalism studies offer crucial insights into the issue of statelessness. This
paper will argue that in order to be able to address the issue of statelessness in its full complexity, theory
and practice cannot be limited to the dominant legalistic framing of the issue but must also incorporate
sociological understandings of the issue in order to be able to challenge underlying hegemonic assumptions of the international state system and of the state as an emancipatory actor on which the existence of
statelessness rests. The concept of citizenship will be deconstructed and then analyzed by looking at how
it relates to ideas of nationalism. In light of a more nuanced understanding of citizenship, sociological
conceptualizations of statelessness will be explored in light of the hegemonic international state system.
Thereafter the paper will start from the deconstructed concepts of citizenship, nationalism and statelessness
in an attempt to challenge the notion of citizenship as a blanket solution to statelessness and ultimately to
analyze citizenship as a political tool which states can use in order to oppress populations. Although a legal
understanding of statelessness is essential for identifying and offering solutions to statelessness, a legal
understanding alone cannot provide a complete understanding of the underlying structures and nuances
inherent in the issue; an interdisciplinary understanding is required.
As the academic and practice-oriented professional field of statelessness is dominated by a legal understanding of the issue, this analysis of a sociological understanding of statelessness will first situate the
sociological concepts within the main legal discourse. The dominant framework surrounding statelessness,
largely determined by United Nations High Commissioner on Refugees (UNHCR) as well as NGOs such as the
Institute on Statelessness and Inclusion and the European Network on Statelessness, defines statelessness
in terms of its legal definition in the 1954 Convention on Statelessness as someone who is, ‘not recognized
as a national by any state under the operation of its law’.1 Accordingly, the organizations’ approaches to
addressing statelessness are centered around advocating for states to accede to the statelessness conventions and to implement changes in their respective citizenship laws.2 However, this dominant approach to
statelessness has come to be criticized for having a restricted legal focus and for obscuring broader structural
* Current MSc student in Sociology: Migration and Ethnic Studies at Universiteit van Amsterdam, nannieskold@hotmail.com
1
Art. 1 of the 1954 Convention on Stateless Persons.
2
UNHCR, ‘Ending Statelessness within 10 Years’ (2010); Institute on Statelessness and Inclusion, ‘The World’s Stateless’ (2014);
Europeans Network on Statelessness, ‘Still Stateless, Still Suffering: Why Europe Must Act Now to Protect Stateless Persons’ (2014).