A Typology of Statelessness
stateless people do not benefit from the improvements here either. Whether it is
investment rights, property rights or diplomatic protection, individuals can only
invoke the corresponding rights if their country of nationality allows them to do
so. Despite all the improvements that have occurred since 1945, stateless people
remain as less than objects in international law as they lack a country of
nationality.
How does this ongoing discourse on individuals’ positions in international law
help us to understand what protection one receives from the possession of
nationality? At first, it must be acknowledged that under international law
nationality does not in itself guarantee any protection. Rather, it determines who
is responsible for granting such protection.43 Hence, statelessness can be best
understood as the lack of responsibility. On the one hand, de jure stateless
individuals have no country that is responsible for their protection from other
countries. They are less than objects of international law. In fact, the de jure
stateless have no position in international law at all. On the other hand, de facto
stateless individuals have a country that is responsible for their protection from
other countries but it is not willing or capable to provide this protection. They are
objects of international law, yet not treated as such.
Through the concept of responsibility, it becomes much clearer that
statelessness is a central issue in international politics. This is to say that the
possession of nationality and thereby, a position in international law is, at best, a
safeguard against violence inflicted by countries other than one’s own. It does not
guarantee this protection, nor does it offer any protection from violence inflicted
by the country of nationality itself. Nationality, first and foremost, indicates who
is responsible and blameworthy if no protection is provided.
B
Legal and Social Recognition
The concept of responsibility helps us to understand what it means to be stateless.
But how does it come about? In A Study on Statelessness, the UN identifies five
causes of statelessness. They include: (1) gaps in and conflicts of national
legislation, (2) state succession, (3) denationalisation, (4) persecution and (5) mass
emigration caused by the transformation of the political and social system of the
country of origin.44 The first three causes result in de jure statelessness at birth or
later in life, whereas the last two causes lead to de facto statelessness if the affected
individual is not also denationalised. One may ask if there is any common ground
between them. I think there is: they are arguably connected through the concept of
recognition.
Recognition has at least two elements: one legal and the other social.45 Legal
recognition and social recognition are tightly connected as individuals’ legal
recognition often depends on whether they are socially recognised.46 I define legal
recognition as having a position in law and social recognition more broadly as
being seen as a moral equal that deserves to be treated with dignity.
43
44
45
46
See Matthew J Gibney, The Ethics and Politics of Asylum: Liberal Democracy and the
Response to Refugees (Cambridge University Press 2004) 211.
United Nations Study on Statelessness (n 6) pt 2 s I ch 1.
Axel Honneth, The Struggle for Recognition: The Moral Grammar of Social Conflicts (MIT
Press 1995) 94.
ibid 110–11.
243