Nationality is the most important legal mechanism sorting and classifying the world's population today. An individual's place of birth or naturalization determines where he or she can and cannot be and what he or she can and cannot do. Although this system may appear universal, even natural, Will Hanley shows that it arose just a century ago. In Identifying with Nationality, he uses the Mediterranean city of Alexandria to develop a genealogy of the nation and the formation of the modern national subject. Alexandria in 1880 was an immigrant boomtown ruled by dozens of overlapping regimes. On its streets and in its police stations and courtrooms, people were identified by name, occupation, place of origin, sect, physical description, and other attributes. Yet by 1914, before nationalist calls for independence and decolonization had become widespread, nationality had become the defining category of identification, and nationality laws came to govern Alexandria's population. Identifying with Nationality traces the advent of modern citizenship to multinational, transimperial settings such as turn-of-the-century colonial Alexandria, where ordinary people abandoned old identifiers and grasped nationality as the best means to access the protections promised by expanding states. The result was a system that continues to define and divide people through status, mobility, and residency.
This is the first book dedicated to clarifying the concept of “foundlings” and how to best prevent their statelessness in light of the object and purpose of Article 2 of the 1961 UN Convention on the Reduction of Statelessness and equivalent nationality law provisions. Among other features, the book defines the terms “foundling,” including the maximum age limit of the child to be considered a “foundling”; “unknown parents”; being “found” in a territory; and “proof to the contrary”; as well as the procedural issues such as the appropriate burden and standard of proof. In doing so, the book draws upon a comparative analysis of national legislation on “foundlings” covering 193 states, case law, and precedents in some states as well as international human rights law norms including the best interests of the child. As its conclusion, the book proposes an inclusive model “foundling provision” and a commentary to inform legislative efforts and interpretation of the existing provisions. Its findings are useful not only to state parties to the 1961 Convention but also to non-state parties, particularly in countries lacking systematic civil documentation or experiencing the effects of armed conflicts, migration, trafficking, and displacement.
This book provides an introduction to themes within citizenship and identity. The authors draw together debates in sociology, political theory and cultural/gender studies to show how the civil, political and social meanings of citizenship have been redefined by postmodernization and globalization.
Intermarriage and the Friendship of Peoples examines the racialization of identities and its impact on mixed couples and families in Soviet Central Asia. In marked contrast to its Cold War rivals, the Soviet Union celebrated mixed marriages among its diverse ethnic groups as a sign of the unbreakable friendship of peoples and the imminent emergence of a single "Soviet people." Yet the official Soviet view of ethnic nationality became increasingly primordial and even racialized in the USSR's final decades. In this context, Adrienne Edgar argues, mixed families and individuals found it impossible to transcend ethnicity, fully embrace their complex identities, and become simply "Soviet." Looking back on their lives in the Soviet Union, ethnically mixed people often reported that the "official" nationality in their identity documents did not match their subjective feelings of identity, that they were unable to speak "their own" native language, and that their ambiguous physical appearance prevented them from claiming the nationality with which they most identified. In all these ways, mixed couples and families were acutely and painfully affected by the growth of ethnic primordialism and by the tensions between the national and supranational projects in the Soviet Union. Intermarriage and the Friendship of Peoples is based on more than eighty in-depth oral history interviews with members of mixed families in Kazakhstan and Tajikistan, along with published and unpublished Soviet documents, scholarly and popular articles from the Soviet press, memoirs and films, and interviews with Soviet-era sociologists and ethnographers.
First published in 1929, the discussion of nationality begins by surveying its main factors - race, language, religion, the homeland, tradition, literature and the will to live together. Going on to study the historical origins of nationality, it returns to the discussion of the meaning of nationality summing up its merits and its defects.
This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.
'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.
Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.
International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.
Japan’s Household Registration System (koseki seido) is an extremely powerful state instrument, and is socially entrenched with a long history of population governance, social control and the maintenance of social order. It provides identity whilst at the same time imposing identity upon everyone registered, and in turn, the state receives validity and legitimacy from the registration of its inhabitants. The study of the procedures and mechanisms for identifying and documenting people provides an important window into understanding statecraft, and by examining the koseki system, this book provides a keen insight into social and political change in Japan. By looking through the lens of the koseki system, the book takes both an historical as well as a contemporary approach to understanding Japanese society. In doing so, it develops our understanding of contemporary Japan within the historical context of population management and social control; reveals the social effects and influence of the koseki system throughout its history; and presents new insights into citizenship, nationality and identity. Furthermore, this book develops our knowledge of state functions and indeed the nation state itself, through engaging critically with important issues relating to the koseki while at the same time providing a platform for further investigation. The contributors to this volume utilise a variety of disciplinary areas including history, gender studies, sociology, law and anthropology, and each chapter provides insights that bring us closer to a comprehensive grasp of the role, effects and historical background of what is a crucial and influential instrument of the Japanese state. This book will be of great interest to students and scholars of Japanese history, Japanese culture and society, Japanese studies, Asian social policy and demography more generally.
