This volume offers a critical analysis and illustration of the challenges and promises of ‘stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. Confronting the ‘transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the book brings new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of (...) the early twenty-first century. (shrink)

My new book, Exile, Statelessness, and Migration. Playing Chess With History From Hannah Arendt to Isaiah Berlin, considers the intertwined lives and work of Jewish intellectuals as they make their escape from war-torn Europe into new countries. Although the group which I consider, including Hannah Arendt, Theodor Adorno, Walter Benjamin, Judith Shklar, Albert Hirschman and Isaiah Berlin, have a unique profile as migrants because of their formidable education and intellectual capital, I argue that their lives are still exemplary for (...) many of the dilemmas and risks faced by all migrants. In the reply to critics, I consider such issues as the intellectual relations between Benjamin, Adorno and Horkheimer; differences between Arendt’s and Adorno’s views of an interpretive social science; and why international law played such an important role in the imagination of Jewish intellectuals. A further question involves the generalizability of the experience of Jewish otherness in European culture. Liberal societies always designate some others as their constitutive exterior. How continuous is the experience of emigré Jewish intellectuals with the exclusion of ethnic and racial minorities in our societies? Finally, if the founding of the State of Israel has by no means resolved the problems of statelessness but re-created it for the Palestinian population, what kind of political stance should we assume vis-à-vis this reality today? (shrink)

This article considers the ongoing difficulties for mainstream political theory of actualizing human rights, with particular reference to Rorty’s attempt to transcend their liberal foundations. It argues that there is a problematic disjuncture between his articulation of exclusion and his hope for inclusion via the expansion of the liberal human rights culture. More specifically, it shows that Rorty’s description of victimhood is based on premises unavailable to him, with the consequence that stateless persons are rendered inhuman, and, further, that his (...) accounts of sentimentality and solidarity have limited potential for the inclusion of such victims within the liberal ‘community of justification’. In the final analysis, the article argues that there is a substantial mismatch between Rorty’s dependence on both liberal norms and international political practice, and his hopes for the human rights culture to include those stripped of human dignity. (shrink)

An examination of the intertwined lives and writings of a group of prominent twentieth-century Jewish thinkers who experienced exile and migration Exile, Statelessness, and Migration explores the intertwined lives, careers, and writings of a group of prominent Jewish intellectuals during the mid-twentieth century—in particular, Theodor Adorno, Hannah Arendt, Walter Benjamin, Isaiah Berlin, Albert Hirschman, and Judith Shklar, as well as Hans Kelsen, Emmanuel Levinas, Gershom Scholem, and Leo Strauss. Informed by their Jewish identity and experiences of being outsiders, these (...) thinkers produced one of the most brilliant and effervescent intellectual movements of modernity. Political philosopher Seyla Benhabib’s starting point is that these thinkers faced migration, statelessness, and exile because of their Jewish origins, even if they did not take positions on specifically Jewish issues personally. The sense of belonging and not belonging, of being “eternally half-other,” led them to confront essential questions: What does it mean for the individual to be an equal citizen and to wish to retain one’s ethnic, cultural, and religious differences, or perhaps even to rid oneself of these differences altogether in modernity? Benhabib isolates four themes in their works: dilemmas of belonging and difference; exile, political voice, and loyalty; legality and legitimacy; and pluralism and the problem of judgment. Surveying the work of influential intellectuals, Exile, Statelessness, and Migration recovers the valuable plurality of their Jewish voices and develops their universal insights in the face of the crises of this new century. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can (...) resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

This article focuses on the account of disrespect found in Honneth’s theory of recognition. In it, I am particularly interested in the form of misrecognition or disrespect which is the negation of respect , and which is clearly represented by statelessness. Respect, for Honneth, is closely connected to legal recognition. Guided by Honneth’s view of critical theory as ‘not entirely without a foundation in social reality’, the article puts together an analysis of the political dynamics of his model of (...) disrespect. This analysis is used to challenge certain aspects of Honneth’s political theory and in particular the implications of his conception of the state. The article argues that the way in which the state is used has the effect of obscuring significant political obstacles to recognition, and in particular, the way in which the state limits respect. (shrink)

(1996). Statelessness: The making and unmaking of political identity. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 820-825.

(1996). Statelessness: The making and unmaking of political identity. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 820-825.

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception increasingly (...) place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

Seyla Benhabib’s Exile, Statelessness, and Migration: Playing Chess with History from Hannah Arendt to Isaiah Berlin is a complex and remarkable book that defies easy categorization. While the titl...

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. (shrink)

Recent political turmoil has focused international attention on Egypt, yet there is little awareness of the country’s stateless populations—those who lack legal nationality to any state—or the challenges they face. Individuals in situations of protracted statelessness are denied their right to a nationality, resulting in an array of additional rights violations. Such violations include denied freedom of movement, equality before the law, and access to economic and social rights. Drawing from two years’ of fieldwork data, this study highlights the (...) plight of those who are unable to achieve legal status in a country with harsh punishments for illegal presence, entry, and exit. It also evaluates potential solutions for eliminating statelessness in Egypt and protecting the rights of stateless populations. As Egypt seeks to move beyond revolution, it is vital that the government addresses the pervasive and systemic inequalities that deny individuals their right to a nationality. (shrink)

Hans Kelsen’s claim that the state and the law are identical is surrounded by a somewhat mystical air. Yet, the ‘identity thesis’ loses much of its mystical aura when it is seen as an attempt to recast the state, qua social fact, in deontological terms. The state is seen as a condition necessary to account for the validity of legal acts. Indeed, the meaning of the state is reduced to the function performed by a conception of order in the reproduction (...) of a system of norms. No further social fact would attest to its existence. From a sociological point of view, all law is essentially, and principally, law sans state. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...) against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

The non-citizen is the new ?other?. From popular discourse to political pronouncements and academic research, the non-citizen has become one of the subjects du jour. Among the ranks of the non-citizen, one finds a lesser-known category of people which has yet to be considered seriously by liberal political theory ? the stateless. Thus far, liberal political theory has either ignored this category of persons or subsumed them under the subjects of immigration or refugeehood. The present article challenges this theoretical exclusion (...) in two ways. First, it analyses the treatment of statelessness within the works of three prominent theorists on just membership ? Michael Walzer, Seyla Benhabib and William Barbieri, Jr ? and contends that these authors ignore the stateless as a unique category of non-citizen. Secondly, it explains why statelessness demands a distinct theoretical framework than is currently provided for within liberal political theory. The article contends that just membership questions necessitate not simply looking at who is let in and what naturalization procedures should be extended to them, but also entails examining who has always been on the inside and to whom we need to justify their continued exclusion. (shrink)

ABSTRACT If the link between territories and people get severed, what is (or should be) the role of international law and the international community? In Statelessness. A Modern History, Mira Siegelberg (University of Cambridge) guides the reader through the answers jurists, philosophers, and diplomats have given to that question since the nineteenth century. Siegelberg is less interested in the question why the postwar arrangement failed so miserably in its plea to reduce statelessness than in the architecture of international (...) law and its role in the debate about legal identity. Her choice of subject is one few historians have touched upon and her work is a corrective to the dominant understanding that international law did not concern itself with the plight of the stateless until after the Second World War. However, her overemphasis on legal scholars from the former Central European empires obscures the role of British ideas about and contributions to international law, legal identity, and the role of the state that might prove crucial to understand modern statelessness that emerged at the dissolution of colonial empires. Nevertheless, Siegelberg's brilliant and important book will likely form the start of a conversation on a topic that merits further historical investigation. (shrink)

Statelessness and displacement represent nothing short of a loss of place, the violation of rights and international norms, threat to safety and belonging, and severely limits access to law and citizenship. Social work must leverage and sustain an ethical standpoint as a critical counterpoint to the increasing moral and political urgency of statelessness. However, traditional and normative social work ethics operate at a level of abstraction that do not engage sufficiently with the realpolitik of statelessness. This paper (...) critically engages with moral questions concerning displacement and statelessness by engaging the philosophy of James Tully and Christine Korsgaard. This engagement enables connections between agency and notions of democratic constitutionalism where people have the right to call into and contest relations of governance that oppress them, through various means such as advocacy and activism. We present a reconsideration of established ethical understandings by arguing for the place of public philosophy and the constitution of the self as key to social work theory and practice in response to statelessness and displacement. Korsgaard’s work on normativity and agency, and Tully’s notion of democratic constitutionalism provide a rich and original contribution to social work ethics that will be articulated for social work theory and practice. (shrink)

Modern universities have largely been portrayed in the literature as an extension of nation building projects, focusing on the state as primary actor. This article challenges such presuppositions by separating ‘nation’ and ‘state’ and with a critical appropriation of diasporic subjectivity and institutions from a comparative historical perspective. The article has four themes: ‘diaspora’, ‘ethnic internationalism’, ‘stateless nations’ and ‘internationalisation’ in higher education (IHE). It illustrates these themes and their interrelationships by considering Koreans in the Japanese colonial period (1910–1945) and (...) Jews during the British Mandate for Palestine (1920–1948) and construing them as stateless nations. These two historical cases illustrate how higher education was linked to ethnonational diasporas and internationalisation in the absence of a supportive state apparatus. The paradox is that ethnic nationalism was not only compatible but often overlapped with ethnic internationalism in higher education. The conclusion of this comparative study suggests the implications for the twenty-first century and the important role of diaspora in processes of IHE then and now. (shrink)

This paper examines the efficacy of a statelessness reduction plan implemented by the country of Chile. We evaluate the programmatic alignment of Chile’s statelessness reduction plan, #Chilereconoce, with policy enacted by the United Nations High Commissioner for Refugees in that office’s campaign to eradicate statelessness by the year 2024. In addition to evaluating the structure of Chile’s statelessness reduction plan, we explore the policy outcomes of this plan in achieving its desired goal of reducing statelessness (...) in Chile. We use Chile as a case study because it implemented the United Nations High Commissioner for Refugees’ 2014-2024 Action Plan and, therefore, can shed light on if such a plan can put a nation-state on the path to remedy the deleterious effects of statelessness. Our central argument is that Chile’s statelessness reduction plan can, in-fact, serve as a blueprint for governmental institutions to follow towards achieving the goal of reducing statelessness. The success of such a plan, however, is conditioned upon whether principle actors within governmental institutions confront, head on, structural challenges that otherwise tend to undermine the merging of a confluence of critical factors that must be aligned for success to occur. The Chilean project demonstrates that reducing statelessness requires community action, implementation of domestic legislative reform, and governmental accession to international treaties. (shrink)

Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction in (...) its own right. Its construal must therefore be more restrictive than many commentators have suggested, though not so strict as to preclude all but persecuted persons. Then argues that, as a case study, those who are displaced from their island nations because those nations have submerged beneath the sea will count as 'unable to return' in the relevant sense, and so will qualify for Convention refugee status, if they count as lacking a nationality, i.e. as stateless. (shrink)

This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

The issue of statelessness poses problems for the statist approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states (...) have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position. (shrink)

If rising seas render small islands uninhabitable, will displaced islanders become stateless? The modern intellectual and legal tradition tells us that states must have defined, habitable territory. If so, small islands will cease to be states, and their inhabitants will accordingly become stateless. Against this, leading scholars have recently argued that the principle of presumption of continuity of state existence implies that island states continue to be states even after becoming uninhabitable. We argue to the contrary: the principle of presumption (...) of continuity of state existence implies no such thing. If nothing is done to prevent the loss of their territory, small islands will lose their statehood, making displaced islanders stateless. (shrink)

This book deals with the citizenship status of the Biharis in Bangladesh and their ability to access rights associated with citizenship. The main argument of the book is that although legally the Biharis are citizens of Bangladesh, they still do not have access to many important rights of citizenship that can make their citizenship meaningful. Their inability to access many important citizenship rights made them de facto stateless, although they are de-jure citizens. Taking a law and society approach this book (...) examines both legal and non-legal factors behind the deplorable conditions of the Biharis in Bangladesh. Based on fieldwork, this book analyses that the Biharis’ inability to access citizenship rights is inconsistent with citizenship theory, citizenship laws, and the Constitution of Bangladesh. To make the Biharis citizenship effective or meaningful the author suggests some recommendations for policy changes that would enable Biharis to access rights associated with citizenship. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...) done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

My objective in this paper is to address a handful of issues that typically get raised in discussions of philosophical anarchism. Some of these issues arise in discussions among partisans of anarchism, and some are more likely to be raised in efforts to defend the state against its opponents. My hope is to focus the argument in such a way as to make clearer the main issues that are at stake from the point of view of at least one version (...) of philosophical anarchism. (shrink)

Despite international laws guaranteeing the right to a nationality, statelessness remains a pervasive global problem that has been termed a “forgotten human rights crisis.” The issue highlights an important question for scholars that has not yet received enough attention: Why do some issues make it onto the international agenda while others do not? This study examines the characteristics necessary for successful issue emergence, or the step in the process of mobilization when a preexisting grievance is transformed from a problem (...) into an issue. Using qualitative data from interviews with 21 decision makers at leading human rights and humanitarian non-governmental organizations, the study highlights shortcomings in the existing literature and provides additional explanations for issue emergence (or non-emergence). Statelessness serves as a case study for better understanding this process, and the article ends with specific recommendations for addressing key obstacles to its full emergence within the international community. (shrink)

Restorative justice, with its most prominent characteristic being rebuilding social relationships among victims, perpetrators and the community that was damaged by a crime, has been proposed as an alternative to the traditional retributive justice model to treat criminal acts. Both secular and religious groundings exist for restorative justice, and religious theorists have developed theological groundings for restorative justice based on scripture and other sources. In this article, I will explore how a theologically grounded restorative justice model, focusing on Christopher Marshall’s (...) theological exposition of restorative justice, can contribute to the thought and action of Christians and the larger public in the face of the moral injury caused by human trafficking. I will address how this model can also contribute to social structural change. In my analysis, I will employ a case study of North Korean stateless women who reside in China and who are victims of human trafficking. (shrink)

An ethic of self-ownership combined with Lockean homesteading of external resources provides a plausible grounding both for anarchist opposition to the state and for an attractive anarchist legal order. Such an ethic can be understood as specifying that each person prima facie has the right to control his or her own body; and that Lockean homesteading, under which the owner of any scarce resource is its first user , should provide the basis for property rights in such previously unowned goods. (...) Given these rules, monopoly privileges like patent and copyright cannot be justified, as they infringe on self-ownership-based body-rights and/or property rights in external resources. In this article, I explain why IP rights are inconsistent with the moral grounds for a stateless society’s legal order, and speculate about the practices or laws that might prevail in the absence of IP in such a system. (shrink)

This article first aims to reconstruct an Arendtian ‘politics of in/visibility.’ Section one interprets Arendt’s reflections on stateless aliens in inter-war Europe, and the next section provides a conceptual background by situating the politics of visibility within Arendt’s more theoretical-philosophical writings on politics. By juxtaposing her account with current Dutch policies and practices concerning aliens in the last section, this article next aims to investigate the relevance and currency of the Arendtian politics of in/visibility. Arguing for the continuing relevance of (...) Arendt’s account, the article nevertheless shows that technologically advanced regimes of exposing have emerged which Arendt neither has nor could take account of. Moreover, this article argues that these regimes, which reinforce the naturalism of the nation-state system even further, have invited particular groups of aliens – i.e., illegal migrants – to adopt counterstrategies of individual self-obscuration that would have been incomprehensible to Arendt. (shrink)

In response to calls to expand the scope of research ethics to address justice in global health, recent scholarship has sought to clarify how external research actors from high-income countries might discharge their obligation to reduce health disparities between and within countries. An ethical framework—‘research for health justice’—was derived from a theory of justice (the health capability paradigm) and specifies how international clinical research might contribute to improved health and research capacity in host communities. This paper examines whether and how (...) external funders, sponsors, and researchers can fulfill their obligations under the framework. (shrink)

Human rights are in crisis today. Everywhere one looks, there is violence, deprivation, and oppression, which human rights norms seem powerless to prevent. This book investigates the roots of the current crisis through the thought of Italian philosopher, Giorgio Agamben. Human rights theory and practice must come to grips with key problems identified by Agamben "e; the violence of the sovereign state of exception and the reduction of humanity to 'bare' life. Any renewal of human rights today must involve breaking (...) decisively with the traditional coordinates of Western political thought and instead affirm a new understanding of life and political action. (shrink)

Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.