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Author:   William Conklin
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   New as Paperback
Dimensions:   Width: 15.60cm , Height: 2.30cm , Length: 23.40cm
Weight:   0.544kg
ISBN:  

9781849469692

ISBN 10:   1849469695
Pages:   392
Publication Date:   27 August 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction I. Two Communities II. Who is Stateless? III. The Extent of Statelessness IV. Efforts to Eradicate Statelessness V. Legal Obligation and an International Community VI. My Approach VII. Overview of the Book 1. Two International Communities I. What is an International Community? II. The International Community as the Aggregate of the Wills of States III. Destabilization of the International Community as the Aggregated Wills of State Members IV. Legal Obligation and Statelessness V. Conclusion 2. The Discursive Contingency of an International Community I. The Emergence of an Early International Community of States II. The Role of the Natural Person in the Early Modern International Community III. The Bounded Residuary IV. The Emergence of the Judicial Doctrine of Reserved Domain V. The Content of the Reserved Domain VI. Conclusion 3. The Consequences of Statelessness I. Consequences of the 'Operation' of Nationality Law II. The Absence of Legal Protection III. The Consequences for Three Groups IV. Social, Economic and Psychological Consequences V. Conclusion 4. The Reserved Domain for the Treaty Right to Nationality I. Introduction II. The Statelessness Treaties III. The Human Rights Treaties IV. The Priority of the Reserved Domain over the Right to Nationality V. The Limitations Clauses VI. The Non-derogation Clauses VII. Conclusion 5. Customary Norms and a Right to Nationality I. A Sense of Obligation II. State Practices III. The Problem of an Empty International Community IV. The International Community as a Whole V. Conclusion 6. The Legal Bond I. Legal Obligation II. The Discursive Struggle III. The Legal Bond as a Social Bond: Nottebohm IV. The Discursive Tradition of Effective Nationality V. Evidence of Social Bonds as Legal Bond VI. The Judicial Scrutiny of Social Relationships VII. Conclusion 7. Does a Stateless Person have a Country? I. Habitual Residence II. One's Own Country as the Place of One's Social Bonding III. Conclusion 8. The State Obligation to Protect Stateless Persons I. Legal Obligation and the Aggregated International Community II. The Displacement of the Boundary III. The Role of the Courts with Regard to Stateless Persons IV. What is 'the Operation of Its Law'? V. The Legal Obligation to Protect Stateless Persons VI. Conclusion 9. The International Community as a Whole I. The Character of the International Community as a Whole II. A Community III. The Existence Conditions of the International Community as a Whole IV. Legal Objectivity V. Legal Subjectivity VI. Harm to Stateless Persons as Harm to the International Community as a Whole VII. Conclusion Conclusion I. The Territorial Knowledge of Legal Space II. The Obligatory Character of Nationality Law III. The International Community as a Whole

Reviews

Conklin's book will be well received. Conklin's passion for the subject is clear and his points are well-supported. [He] provides numerous, often moving examples of those who are stateless [and] The sources he uses are wide and varied -- Taryn Marks DipLawMatic Dialogues ...William Conklin, in his monograph Statelessness: The Enigma of an International Community, opens the proverbial can of worms as he tackles some of the thorniest issues in contemporary international law...He presents a methodological and meticulously crafted argument that requires the reader to engage with the content from cover to cover... -- Andra le Roux-Kemp Allegralaboratory.net

Conklin's book will be well received. Conklin's passion for the subject is clear and his points are well-supported. [He] provides numerous, often moving examples of those who are stateless [and] The sources he uses are wide and varied -- Taryn Marks DipLawMatic Dialogues

Author Information

William E Conklin is a Professor in the Faculty of Law and Faculty of Graduate Studies, University of Windsor.

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