Part I. Introduction and Context
considered as undesirable, because it could potentially destabilize the system of states
and societies of citizens that has been built: it may create or worsen “international
tensions and disorder” and could challenge states’ “ability to control and order their
subject populations”.4 Indeed, Dutch parliamentarians, for instance, recognized back in
1953 that “nationality provisions are not only important for the order of our society and
our state, but also are important to the order of the society of peoples”.5
From a (formalistic) legal perspective, it would seem that statelessness is entirely
preventable and solvable if proper laws were enacted to address it. The Office of the
United Nations High Commissioner for Refugees (UNHCR) reports a global number
of 4.2 million stateless people, but recognizes that the actual number is much higher,
because “UNHCR does not have any information on stateless populations for most
of the world’s countries”.6 It is estimated that more than 107 to 158 million people
worldwide are stateless today. The statistics that have currently been collected with
regard to statelessness grapple with methodological difficulties in mapping the issue,
as well as gaps in data. With still millions of people stateless around the globe today,
but without a clear picture of the magnitude of the problem, it seems evident that
statelessness is not as easily prevented or solved as one might think. At the same time,
the human (rights) side of the issue highlights the need and importance of ensuring the
human rights of stateless people, as well as finding solutions to the issue.
Important to fi nding solutions to statelessness is nationality: to be stateless
means to be without any nationality. Statelessness and nationality are thus closely
related – they are opposites by defi nition and represent two sides of the same coin.
Statelessness is therefore a lens to better understand the concept of nationality, or
citizenship. Nationality, or citizenship, is a concept with many dimensions, which
has different forms and perspectives to it.9 These are often interconnected with what
nationality means to people and to the state. It is therefore likely that statelessness
cannot be solved using only legal norms. As such, this study tries to provide a
comprehensive picture of nationality and preventing and solving statelessness, also
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6
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8
9
4
Matthew J Gibney, ‘Statelessness and Citizenship in Ethical and Political Perspective’ in Alice
Edwards and Laura van Waas (eds), Nationality and Statelessness under International Law (Cambridge
University Press 2014) 44–63, 49–52.
Translated from: “nationaliteitsvoorzieningen niet alleen van betekenis zijn voor het bestel van onze
maatschappij en van onze staat, maar ook betekenis hebben voor de orde van de samenleving der
volkeren” (transl CV). Th is statement was made in the context of a discussion on provisions to address
statelessness in Dutch Parliament, Handelingen II 1952/53, 17 April 1953, 2251.
UNHCR, ‘Global Trends. Forced Displacement in 2020’ (UNHCR 2021) 50 <https://www.unhcr.
org/60b638e37/unhcr-global-trends-2020> accessed 22 August 2021.
Eg UNHCR, ‘UNHCR Statistical Reporting on Statelessness’ (UNHCR Statistics Technical Series
2019/1)
<https://www.unhcr.org/statistics/unhcrstats/5d9e182e7/unhcr-statistical-reportingstatelessness.html> accessed 22 August 2021.
Institute on Statelessness and Inclusion (ISI), The World’s Stateless (Wolf Legal Publishers 2014)
<https://www.institutesi.org/worldsstateless.pdf> accessed 22 August 2021.
Cf Ayelet Shachar, Rainer Bauböck, Irene Bloemraad & Maarten Vink (eds), The Oxford Handbook of
Citizenship (Oxford University Press 2017).
Intersentia
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