Chapter 1. Introduction
statelessness, which answers sub question C. The conclusions of the two chapters
in Part II also draw on the analysis in those chapters to indicate what the respective
organizations’ legal instruments offer to understanding the concept of nationality.
Hence, sub question D is to some extent included here as well.
Part III of this book presents comparisons, reflections, conclusions and
recommendations. Chapter 5 concentrates on identifying how European law contributes
to preventing and solving statelessness in Europe (part of main question) by comparing
the efforts of the CoE and the EU while also considering international (human rights)
law. Chapter 6 concludes with final observations on how all of this furthers our
understanding of the concept of nationality (sub question D and main question) and
some recommendations and reflections on preventing and solving statelessness in
Europe.
1.2. R ESEARCH METHODS AND SOURCES
The method and approach applied primarily in this project is that of doctrinal and
critical legal research, because this study aims to research the way in which the position
of individuals in the (nation-)state system has been legally categorized and defined
using nationality and statelessness. It therefore considers the tensions between practice
and law. Law is an expression of power relations, and this study critiques these power
relations. This means that relevant legal instruments, case law, and other legal sources
are systematized and analyzed while considering legal theory. However, the historical
background and today’s reality in which these legal instruments operate is taken into
account where possible and relevant. Furthermore, and therefore, this research involves
literature study of secondary sources from academic authors, which are assessed
critically for their relevance and “precise and accurate fit” with the research question.12
As a complementary source, (policy) reports of organizations such as UNHCR13, as well
as of non-governmental organizations (NGOs) are used.
Throughout this book, national laws of certain countries are sometimes used to
demonstrate the implementation of certain treaty obligations, or to otherwise illustrate
practice in nationality matters and the development thereof at the national level.
These should be treated as examples and illustrations based on national legal practice,
which aim to contribute to a better understanding of the issues and legal instruments
discussed, looking beyond legal constructs and considering impacts to some extent.14
12
13
14
Marnix Snel, Meester(s) over bronnen. Een empirische studie naar kwaliteitseisen, gevaren en
onderzoekstechnieken die betrekking hebben op het brongebruik in academisch juridisch-dogmatisch
onderzoek [Master(s on) resources] (Boom juridisch 2016) 190–191.
UNHCR is of particular relevance to this research, because it has an official mandate with regard to
the issue. Th is is explored further in para 1.5.1 (under the header ‘Refugees and the stateless’).
The importance of doing this in human rights related research is highlighted in Siobhán McInerneyLankford, Legal Methodologies and Human Rights Research: Challenges and Opportunities’ in Bård
Intersentia
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents