A Typology of Statelessness
land elsewhere,94 the Maldives have built an entirely new landmass for their
populations to be resettled.95
In this Part, I have presented two examples of structural statelessness where the
source of legal non-recognition is international law. They suggest that structurally
stateless individuals are not necessarily deprived of legal non-recognition and
social non-recognition. Thus, structural statelessness also indicates that the
concept of statelessness does not always describe a situation where someone is at
risk of violence enacted by the country of origin.
C
Denigrative Statelessness
Unlike the other two subtypes, denigrative statelessness describes cases where the
source of statelessness is the country of origin. It can be de facto as well as de jure.
Like structural statelessness, denigrative statelessness also stands in direct
opposition to voluntary statelessness, as it is forced.
There are different tools the country of origin might use to render someone de
facto or de jure stateless. They all suggest that legal non-recognition and social
non-recognition necessarily coincide in the case of denigrative statelessness. The
first tool is discriminatory nationality laws. In countries that ground nationality
exclusively on the jus sanguinis (by descent) principle, children may be de jure
stateless if their parents are unknown or stateless themselves.96 Another common
type of discriminatory nationality law concerns the legal discrimination against
women.97 In 27 countries, women and men do not have an equal right to transmit
nationality to their children. This means that children in these countries can end
up de jure stateless if they are born to a single mother.98 Moreover, there are many
cases where nationality laws have had a racially or ethnically discriminatory
basis.99
As Neha Jain contends, such discriminatory nationality laws are, however, a
relatively rare tool to manufacture statelessness; states have instead found much
more subtle ways to deprive nationals of legal recognition.100 Jain identifies three
such ways. The first way is time. It includes unreasonable application deadlines
See Laurence Caramel, ‘Besieged by the Rising Tides of Climate Change, Kiribati Buys Land
in Fiji’, The Guardian (online, 1 July 2014) https://www.theguardian.com/environment/
2014/jul/01/kiribati-climate-change-fiji-vanua-levu, archived at <https://perma.cc/KK4L42YV>; ‘Bikini Atoll Govt Buys Climate Change Bolthole Land in Hawaii’, RNZ (online, 17
May 2019) <https://www.rnz.co.nz/international/pacific-news/389416/bikini-atoll-govtbuys-climate-change-bolthole-land-in-hawaii>, archived at <https://perma.cc/28RM-FSTR>.
95 See Norman Miller, ‘A New Island of Hope Rising from the Indian Ocean’, BBC News
(online, 11 September 2020) <https://www.bbc.com/travel/article/20200909-a-new-islandof-hope-rising-from-the-indian-ocean>, archived at <https://perma.cc/D399-L6T2>.
96 See Radha Govil and Alice Edwards, ‘Women, Nationality and Statelessness: The Problem
of Unequal Rights’ in Alice Edwards and Laura van Waas (eds), Nationality and Statelessness
under International Law (Cambridge University Press 2014) 176.
97 See Govil and Edwards (n 96).
98 Angelina Theodorou, ‘27 Countries Limit a Woman’s Ability to Pass Citizenship to Her Child
or
Spouse’,
Pew
Research
Center
(Blog
Post,
5
August
2014)
<https://www.pewresearch.org/fact-tank/2014/08/05/27-countries-limit-a-womans-abilityto-pass-citizenship-to-her-child-or-spouse/>, archived at <https://perma.cc/UP3T-PB35>.
99 See Michelle Foster and Timnah Rachel Baker, ‘Racial Discrimination in Nationality Laws:
A Doctrinal Blind Spot of International Law?’ (2021) 11(1) Columbia Journal of Race and
Law 83, 94–97; Shourideh C Molavi, ‘Stateless Citizenship and the Palestinian-Arabs in
Israel’ (2011) 26(2) Refuge: Canada’s Journal on Refugees 19, 23.
100 Neha Jain, ‘Manufacturing Statelessness’ (2022) 116(2) American Journal of International
Law 237, 249.
94
251