marriage migrant on the basis of gender, nationality, race, class, culture
and ethnicity’. She thereby exposes the causes of statelessness in this
context by uncovering the complex interplay between interconnected
factors, further contributing to emerging scholarship on intersectional
discrimination as a cause of statelessness.95
Similarly, in Chapter 3, Razali shows the intergenerational effects of
gender-discriminatory nationality laws and how they affect children. The
chapter sheds light on the ‘impact of the production and perpetuation of
childhood statelessness in Southeast Asia’ by examining ‘the production
and inheritance of statelessness at birth through habitually overlapping
variants of discrimination, including explicit discrimination through the
substance and implementation of a country’s laws and policies, indirect
discrimination via arbitrary or slippery official practices which form part
of a state’s administrative design and indirect discrimination through
judicial interpretation’.96
At times, discrimination may be less blatantly manifested.
Discriminatory practices could be obscured by ostensibly neutral laws
and procedures; Jain identifies three supposedly neutral criteria
commonly used to deny citizenship to persons and groups from certain
backgrounds, rendering them stateless, that is, time, territory, and
administrative burdens.97 Time involves the use of cut-off eligibility
periods, unreasonable application deadlines, and expanding durational
residency requirements.98 Territory or space involves the delineation of
territorial borders to include/exclude certain groups.99 The combination
of time and spatial requirements may further create statelessness within
borders, such as requiring persons to prove that they were within a
particular space during a particular time in order to be eligible for
citizenship. Administrative burdens employ formal documentary
requirements, archival conditions, or limited application periods to deny
citizenship.100
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).
96
Chapter Three, 63–93.
97
Neha Jain, ‘Manufacturing Statelessness’ (2022) 116(2) The American Journal of
International Law 237, 238.
98
ibid 250–260.
99
ibid 261.
100
ibid 268–269.
95
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press