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

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