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STATELESSNESS AS RHETORIC
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Statelessness has been a forgotten human rights crisis, 24 an invisible theme
in the history of international law, 25 and generally neglected in the field of human
rights. 26 But an examination of the definition of statelessness is of utmost importance given its impact on the lives of people, societies, and States. Re-examining the definition of statelessness is particularly crucial not only for parties to
the 1954 Statelessness Convention, which have direct obligations under the Convention, 27 but for all States because they are generally bound by the definition as
a matter of customary international law. 28 States also have multifarious treaty obligations on citizenship or nationality, although statelessness is not defined in
those other treaties. 29
As such, this Article attempts to make analytic and normative contributions.
It offers a critical perspective on international law's statelessness definition. An
analytic contribution helps to theorize the disparity and divergence in the results
of stateless status determinations. There is a dearth in academic legal discussion
24. Lindsey Kingston, "A Forgotten Human Rights Crisis": Statelessness and Issue (Non)Emergence, 14 HUM. RTS. REV. 73, 80–82 (2013) (arguing that statelessness has "failed to successfully
emerge onto the international agenda" because of two factors: issue heterogeneity that creates strategic
obstacles, and a lack of widely recognized global solutions encompassing issue characteristics that
relate to an issue's potential for change); see also Bill Frelick & Maureeen Lynch, Statelessness: A
Forgotten Human Rights Crisis (2015), https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/sudan/frelick-lynch.pdf (last visited Apr. 15, 2019).
25. See Will Hanley, Statelessness: An Invisible Theme in the History of International Law, 25
EUR. J. INT'L L. 321, 322 (2014) (asserting that while scholars who study statelessness "seem to think
that it is, or ought to be, part of international law," scholars of international law tend to view statelessness as a problem of nationality law); see also REFUGEES INT'L , Statelessness: International Blind
Spot Linked to Global Concerns (2009), https://reliefweb.int/report/bosnia-and-herzegovina/statelessness-international-blind-spot-linked-global-concerns (last visited Apr. 15, 2019) (calling statelessness
a "blind spot").
26. Michael Freeman, Conclusion: Reflections on the Theory and Practice of Economic and
Social Rights, in THE STATE OF ECONOMIC AND SOCIAL HUMAN RIGHTS: A GLOBAL OVERVIEW 365,
381–82 (Lanse Minkler ed., 2013) (stating that the field of human rights has even more neglected
socioeconomic rights of the stateless).
27. See Vienna Convention on the Law of Treaties [hereinafter, "VCLT"], art. 26, May 23, 1969,
1155 U.N.T.S. 331.
28. International Law Commission, Draft Articles on Diplomatic Protection with Commentaries, U.N. Doc. A/61/10, at 49 (2006).
29. See, e.g., Convention on the Rights of the Child [hereinafter, "CRC"], arts. 7–8, Nov. 20,
1989, 1577 U.N.T.S. 3; Convention on the Elimination of Discrimination against Women [hereinafter,
"CEDAW"], art. 9(2), Dec. 18, 1979, 1249 U.N.T.S. 13; International Covenant on Civil and Political
Rights [hereinafter, "ICCPR"], art. 24(3), Dec. 19, 1966, 999 U.N.T.S. 171; Convention on the Rights
of Persons with Disabilities, art. 18, Mar. 30, 2007, 2515 U.N.T.S. 3; International Convention for the
Protection of All Persons from Enforced Disappearances, art. 25(4), Dec. 20, 2006, 2716 U.N.T.S. 3;
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, art. 29, Dec. 18, 1990, 2220 U.N.T.S. 3; Convention on the Nationality of Married
Women, arts. 1–3, Jan. 29, 1957, 309 U.N.T.S. 65. See also, for the various instruments, David Weissbrodt & Clay Collins, The Human Rights of Stateless Persons, 28 HUM. RTS. Q. 245, 246 (2006).