2019
Statelessness & Citizenship Review
1(1)
political theorists and historians in developing my own understanding of
nationality and statelessness, in theory and in practice. The decision to establish
the field of statelessness studies as explicitly multi-disciplinary would cement this
kind of collaborative exchange as a defining characteristic of the area of study.
It is true that prominent legal scholars have long observed ‘the decline of law
as an autonomous discipline’, 9 and my proposal may coincidentally reflect an
approach that many in the legal academy have embraced as the optimal way to
engage in legal studies. Nevertheless, it is not my intention to make a contribution
to the scholarship on the nature of law as a discipline. Indeed, whether
statelessness studies should be a multi-disciplinary field is a separate question than
whether the study of law should be an autonomous discipline. That said, my
proposal that statelessness scholars embrace a multi-disciplinary approach to our
field is a reflection of my discontent with a formalistic legal understanding of
statelessness.
I will take a brief moment to elaborate on my discontent because it is an
important part of the conversation about the field of study in general. I have
observed that the focus on the eradication of legal statelessness has in some
instances dulled critiques against states that propose resolving their statelessness
problem by insisting that another state extend its nationality. The example I am
most familiar with is that of the Dominican Republic, where Dominican
authorities have created a pink birth certificate for the children of irregular
migrants, who are overwhelmingly of Haitian descent, 10 and compelled them
under law to register in the consulate of their parents. 11 To the extent that the
Haitian government has been able to extend nationality documents to children
born to its citizens in the Dominican Republic, that process is incomplete, and tens
of thousands of people face a risk of statelessness. 12 The Dominican government
has responded to charges that such actions have left Dominicans of Haitian descent
stateless, or at severe risk of statelessness, with forceful statements that all such
individuals are Haitian. 13 Under pressure in this regard, the UNHCR has reduced
its estimate of the number of stateless persons in the Dominican Republic from
133,770 in 2015 to zero in 2016, suggesting that the Dominican strategy of
reclassifying its citizens of Haitian descent has gained traction. 14 Here, the focus
9
10
11
12
13
14
Richard A Posner, ‘The Decline of Law as an Autonomous Discipline: 1962–1987’ (1987)
100 Harvard Law Review 761, 761.
Chelsea Muir, ‘“Foreigner” Birth Certificates and Statelessness in the Dominican Republic’,
(2017)
(December)
Berkeley
Public
Policy
Journal
<https://bppj.berkeley.edu/2017/12/01/foreigner-birth-certificates-and-statelessness-in-thedominican-republic/>.
Ley General de Migración No 285-04 [General Migration Law No 285-04] (Dominican
Republic) GO No 10291, 15 August 2004, art 36.
Catherine A Tobin, ‘No Child is an Island: The Predicament of Statelessness for Children in
the Caribbean’ (2015) 1(1) International Human Rights Law Journal 1, 6.
David Baluarte, ‘The Risk of Statelessness: Reasserting a Rule for the Protection of the Right
to Nationality’ (2017) 19(1–2) Yale Human Rights and Development Law Journal 47.
United Nations High Commissioner for Refugees Statistical Yearbooks are available at:
United Nations High Commissioner for Refugees, ‘Statistical Yearbooks’
<https://www.unhcr.org/en-us/statistical-yearbooks.html>.
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