On the Right to Have Nationality Rights: Statelessness,…
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justice debates articulated by Cecile Laborde and Miriam Ronzoni which they term
‘Republican Internationalism’ according to which
Rules and institutions […] must be designed with the republican rationale of
protecting free statehood, rather than replacing it with a full-blown cosmopolitan order. This is not a contradiction in terms, as republican freedom (of collective as well as individual agents) is obtained through non-domination rather
than non-interference and is therefore compatible, in principle, with deep and
extensive regulation. Non-dominated states, especially in a globalised world,
are not states that enjoy unqualified Westphalian sovereignty.55
The basic ideal is the classic republican view that can be discerned behind
Arendt’s own reflections, namely, that one can only be free if one is a free person,
one can only be a free person in a free state, and that being a free person in a free
state requires that one is a citizen of this state. To be free thus requires being a
citizen.
However, for a state to be free, it must be internally self-ruling and externally
non-dominated. To be internally self-ruling in the membership aspect that concerns
us, it must be the case that the citizenry is composed of all and only persons who
are entitled to membership and choose (subject to requirement of being a citizen of
a state) to acquire or not surrender this status. This is the condition of the legitimate determination of the ‘self’ of collective self-rule. The relevant ground of entitlement can be derived from the fact that individual freedom and collective freedom are linked in the republican conception. This is given contemporary expression
in Bauböck’s ‘citizen stakeholder’ view which proposes that those and only those
individuals have a claim to membership of a polity whose individual autonomy and
wellbeing is linked to the collective self-government and flourishing of that polity.56
To be externally non-dominated in the membership aspect that concerns us, it must
be the case that the states’ citizenship rules are subject only to general international
rules that they are equal participants in shaping and that are designed to ensure that
each and every human being is a citizen of a state and to link persons to states in
ways that best serve the common interest. Being a self-ruling state is, on this republican view, entirely compatible with a global regime of regulation with respect to
permissible state citizenship rules. More particularly, such a regime is a necessary
condition of the de jure right to have nationality rights.
Today we remain at some distance from establishing such a rightful condition
even in the limited de facto sense that Arendt saw collapsing around her in early
twentieth century Europe—and Arendt’s concerns with the fragility of our enjoyment of human rights, their dependence on secure nationality rights, remains a very
live concern for us.
Acknowledgements I am grateful to Catherine Allerton for discussion of her research on stateless children in Sabah, and to the referees and editors of NILR for their helpful comments on an earlier draft.
55
56
Laborde and Ronzoni (2016), p. 281.
See Bauböck (2015, 2017).
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