A TYPOLOGY OF STATELESSNESS
BENEDIKT BUECHEL*
Although statelessness within the modern state system has many facets, there has not been any
attempt to work out a formal typology. When conceptualising statelessness in singular terms,
theorists miss something important: they fail to capture the full moral scope of statelessness. This
article addresses this shortcoming. It is divided into four parts. First, I will show how statelessness
is categorised under the UN’s framework. Second, I will turn to legal and social theory to argue
that statelessness can be best understood through the two concepts of responsibility and
recognition. Third, I will identify three different subtypes of statelessness. They derive from the
source of nationality deprivation and include voluntary statelessness, structural statelessness and
denigrative statelessness. Finally, I will offer some concluding remarks.
TABLE OF CONTENTS
Introduction........................................................................................................... 237
A De Jure Vis-à-Vis De Facto Statelessness ................................................ 239
Statelessness as Responsibility and Recognition .................................................. 239
A Nationality as a Legal Concept ................................................................. 239
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Object Versus Subject Theory...................................................... 240
B Legal and Social Recognition ................................................................... 243
Three Subtypes of Statelessness ........................................................................... 245
A Voluntary Statelessness ............................................................................ 246
B Structural Statelessness............................................................................. 248
C Denigrative Statelessness ......................................................................... 251
Conclusion ............................................................................................................ 255
INTRODUCTION
In 2014, marking the 60th anniversary of the 1954 Convention relating to the Status
of Stateless Persons (‘1954 Statelessness Convention’),1 the United Nations High
Commissioner for Refugees (‘UNHCR’) launched the global #IBelong Campaign
to End Statelessness within the modern state system.2 In its press release, UNHCR
described various characteristics that it associates with this condition. Some of
these characteristics are the consequences that people suffer as a result of
statelessness: having no legal identity, no passport, no vote and no opportunity to
get an education. Other reasons why people are made stateless include: ethnic,
religious or gender discrimination and regional instability. The press release also
distinguishes between nationality and citizenship. One does not have to look any
further to realise that statelessness is complex.
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1
2
Benedikt Buechel is a PhD candidate in the Department of Social and Political Science at the
University of Edinburgh. They may be reached at benedikt.buechel@gmail.com. This article
has been greatly improved by the comments and suggestions of Kieran Oberman, Elizabeth
Cripps, and Lukas Slothuus. I am also grateful to the two anonymous reviewers.
The term ‘stateless person’ is a misnomer since ‘in Roman law persona was somebody who
possessed civil rights’: Hannah Arendt, Responsibility and Judgment (Schocken Books 2003) 12.
‘UNHCR Launches 10-year Global Campaign to End Statelessness’, UNHCR (Blog Post, 24
November 2014) <https://www.unhcr.org/news/latest/2014/11/545797f06/unhcr-launches10-year-global-campaign-end-statelessness.html>, archived at <https://perma.cc/FNM66NNB>.