Chapter 2. Europe and Statelessness
From 19th-century Europe, the chapter takes us through history to where we are today.
This chapter thus chronologically explores relevant events, forms of cooperation and ways
in which statelessness was dealt with. In this chapter, the different causes of statelessness
and stateless groups in Europe are discussed as well. The main sources used in this chapter
are secondary sources that relate to history, causes and responses to statelessness. However,
also general accounts of the history of Europe from (just before) World War I until now
are used in view of the limited amount of literature that concerns statelessness specifically.
Given the significance of regional cooperation mechanisms for this chapter, sources
relating to (the history of) such cooperation mechanisms in particular are used too. Where
available or appropriate, primary sources are consulted. Even though this chapter is of
historical nature, the research relies on legal research methods in this section: academic
sources and other literature are examined for relevance and reliability, and their contents
are analyzed and systematized. This chapter therefore is of a descriptive nature and does
not present an exhaustive historical overview of statelessness in Europe. It provides
background to this research’s priority of uncovering how European legal instruments can
contribute to preventing and solving statelessness in Europe. Methodological choices, such
as the period of history that is studied, the emphasis on certain topics and the literature
considered, are therefore made with this focal point in mind.
As the title of this book demonstrates, the present study is concerned with laws,
including treaties, which address statelessness at the regional, European level. The
European regional cooperation mechanisms of the CoE and the EU are studied
in particular. This chapter aims to demonstrate the reasons for conducting this
research, as well as its context, relevance and importance. It therefore asks how and
why statelessness and related matters came to be addressed in legal instruments in a
European context. This question entails a study of how statelessness has occurred in
this region and how states responded from a legal perspective. This chapter does so by
discussing developments since the 19th century (paragraph 2.2), but also during the two
World Wars (paragraphs 2.3 and 2.4). It moves on to discuss the (re)building of Europe
(paragraph 2.5) and highlights further developments including the end of the Cold War
(paragraph 2.6). The chapter moves closer to current times in paragraph 2.7. A summary
and remarks on the meaning of the background provided by this chapter to this research
are included in paragraph 2.8. In doing so, the chapter shows that statelessness has been
considered as an issue or problem that that was in need of a (legal) response, and that
different responses would vary depending on the context in which they were initiated.
2.2. 19 TH -CENTURY EUROPE
This section briefly considers different developments in the 19th century that were
relevant to paving the way to statelessness becoming a widespread and serious problem
in the beginning of the 20th century. It demonstrates how nationality and the registration
of people became more important, which in turn enabled the possibility of exclusion.
Intersentia
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