Unit 11 Statelessness, migration and forced displacement Summary This unit explores the interplay between migration, forced displacement and statelessness: How migration and forced displacement can lead to statelessness and vice versa. Through straightforward examples, students are shown how migration may prompt a change of nationality and increase the incidence of mixed nationality marriages, thereby leading to a heightened risk of conflicts of laws that could result in statelessness. In particular, students consider how the safeguards that have been put in place in many countries to prevent dual nationality may create statelessness among migrants who seek to acquire the nationality of their host country, if these safeguards are not carefully tailored to avoid leaving a person without any nationality. Then, drawing on the findings from unit 9 in relation to the stateless and the right to enter “one’s own country”, statelessness is shown to form a barrier for (legal) migration and the issue of detention is raised. In addition, examples are provided of how statelessness leads to increased vulnerability to forced displacement, such as through expulsion of denationalised persons. Students are also asked to think about how refugees may be exposed to an increased risk of statelessness and how nationality disputes and statelessness may impact on the implementation of a durable solution to refugee situations. The interplay between statelessness and human trafficking as well as statelessness and irregular migration is also discussed and, again, the relevant international legal standards are considered. If a more in-depth consideration of the overlap, similarities and differences, between the issue of Learning objectives • Outline the shared history of the international response to statelessness and refugee issues, including the lasting impact that this has had on relevant legal standards. • Discuss the definition of a stateless person and the definition of a refugee and how these definitions may intersect. statelessness and that of refugees is envisaged, students may be reminded of the shared history of the international community’s response to statelessness and refugee issues and of the parallel development of the 1954 Convention relating to the Status of Stateless Persons and the 1951 Convention relating to the Status of Refugees. The definitions of a refugee and of a stateless person can be compared and contrasted and students can be asked to think about how these definitions and the legal regimes that have been built upon them may interact – i.e. when is a stateless person also a refugee and what does this mean for the application of international legal standards? Students could also be asked to think about the enduring link between statelessness and refugee issues, including such questions as when a finding of statelessness may contribute to the substantiation of a claim to refugee status. • Appreciate the different ways in which statelessness and refugee issues may be linked. • Identify relevant international legal standards for the avoidance of statelessness in the context of migration and forced displacement, including with respect to victims of trafficking and irregular migrants. Readings and information sources Key readings S. Goodwin-Gill, J. McAdam, The Refugee in International Law, section 4.1.2. on “Statelessness”, pp 67-70, 3rd * G. edition, Oxford, 2007. Grant, “The Legal Protection of Stranded Migrants” in R. Cholewinksi (ed.) International Migration Law, TMC Asser * S. Press, The Hague, 2007. A Guide to Teaching on Statelessness 41