Search

Begin New Search Topic Law

1. The Monroe Doctrine as the Will and Idea of the United States of America

Author:
Boris Martynov
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
On February 24, 2022, international relations entered a whole new stage of development affecting, albeit to varying degrees, practically all states, with no end in sight. On September 7, 2022, speaking at the Eastern Economic Forum, Russian President Vladimir Putin said that the world was experiencing “fundamental transformations.” Such transformations generally require several years to be completed. By the middle of the third decade of the 21st century, two highly important signs of a new situation have become absolutely clear: a crisis of the old institutions of global governance and the new rising and developing centers of power. At the same time, the opinion that the new is just the “well-forgotten old” is confirmed. This is especially true of the US and its policies.
Topic:
International Relations, Foreign Policy, History, Governance, Law, Psychology, Identity, and Monroe Doctrine
Political Geography:
Russia, Global Focus, and United States of America

2. Beyond European extraterritoriality, for legal intelligence and compliance in the service of sovereignty: A response to the extraterritoriality of foreign laws to safeguard fundamental European values

Author:
Amélie Giuliani
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In this period of change, companies must anticipate their local legal environment, regional and international regulations and foreign laws with extraterritorial scope on a daily basis.
Topic:
International Relations, Sovereignty, Law, European Union, and Compliance
Political Geography:
Europe

3. Digital Sovereignty: For a Schuman Data Plan

Author:
Arno Pons
Publication Date:
01-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 9 January, the European Commission launched the first cooperation and monitoring cycle for the achievement of the European Union’s digital decade by 2030. If, in the digital field, Europe faces issues of sovereignty, it is because it has left the sector open for over twenty years to the American Tech giants, who have imposed a game whose rules that have never been understood here. Either because these rules were inaccessible to the European Union (Moore and Metcalfe laws), or because we accepted that there were no rules of the game (code is law).
Topic:
Markets, Science and Technology, Infrastructure, Law, European Union, Data, European Commission, and Digital Sovereignty
Political Geography:
Europe

4. Amid Inflation, Costa Rica Workers Face Longer Workdays and Cuts to Overtime

Author:
Isabel Villalon
Publication Date:
05-2023
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
After years of neoliberal entrenchment, a proposed law is poised to erode longstanding labor rights in the private sector, making the working-class more precarious.
Topic:
Law, Neoliberalism, Private Sector, Labor Rights, Labor Unions, and Working Class
Political Geography:
Latin America, Central America, and Costa Rica

5. Governing Outer Space – legal issues mounting at the final frontier

Author:
Hjalte Osborn Frandsen
Publication Date:
02-2023
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In 2022, the private space firm SpaceX successfully launched 61 rockets, adding hundreds of satellites to its burgeoning, globe-spanning mega-constellation. SpaceX´s Starlink-project now comprises more than 3,000 satellites. For comparison, the European Space Agency launched six rockets in 2022 and operates less than 50 satellites in total. In the span of a few years, private space companies have dethroned nation states as the dominant actors in outer space. Today the vast majority of satellites are owned and controlled by commercial companies. During the first months of the Russian assault on Ukraine, several commercial space companies stepped in to provide vital satellite images and space-based Internet in support of the Ukrainian defense. This exemplifies the three currently dominant trends of human space activities: expansion, securitization and privatization. The global space industry is undergoing the most fundamental and swift changes since the original space race ended when Neil Armstrong placed the first boot marks on the moon in 1969. The rapid changes raise a number of serious governance issues in areas such as national security, environmental protection and the rule of law in outer space. Denmark, Europe and the international community at large all have an acute interest in insisting on space being a global commons in which conduct can and should be regulated to benefit all of humanity – not just a few profit-seeking billionaire-owned space companies. Developments in the space industry are fast and accelerating. As with other global governance issues, like climate and cyber issues, achieving global accord on new regulations for space activities will be difficult and time-consuming, so prudent policymakers should get started right away.
Topic:
Security, Defense Policy, Governance, Law, and Space
Political Geography:
Global Focus

6. POLICY OF RAISING THE CAPACITY OF LOCAL SELF-GOVERNMENTS FOR MANAGEMENT OF EMERGENCIES

Author:
Samed Karovic, Jasmina Brankovic, Sinisa Domazet, and Jelena Jesic
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Local self-governments (LSGs) cannot effectively manage emergencies. To overcome this problem, it is necessary to find action policies that would facilitate the increase of capacities of LSGs in such situations. The starting point for defining the policy was collecting data on the current abilities and capacities of LSGs in AP Vojvodina. The research covered 40% of the total number of LSGs and more than 64% of the population in the AP of Vojvodina. A combined open-ended survey questionnaire was constructed for data collection. The data was collected in field conditions through online procedures, direct sending of written surveys, and direct discussion of project implementation leaders. The statistical analysis of data identified that the legal aspect of LSGs and emergencies was not harmonized with other institutional documents at the level of LSGs. Most LSGs had serious difficulties in managing emergencies, especially civil protection. The platform is envisaged to facilitate raising the prevention capacity of LSGs by integrating all relevant information to provide early warnings and indications for implementing corresponding organizational, technical, and economic measures to deal with emergencies.
Topic:
Security, Law, Business, Knowledge Management, and Emergencies
Political Geography:
Eastern Europe and Serbia

7. Navigating through continuity and innovation: an analysis of Lula’s third term challenges involving migration policy

Author:
Matheus Felten Fröhlich and Veronica Korber Gonçalves
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Conjuntura Austral: Journal of the Global South
Institution:
Conjuntura Austral: Journal of the Global South
Abstract:
This article addresses the first hundred days of Luiz Inácio Lula da Silva's third term as president of Brazil in the contextof international migration and refuge. The paper aims to analyse the “intermestic” characteristics of foreign policy and its relationship with the formulation of specific guidelines on migration. Using documentary sources and interviews, we examine the context in which Lula took charge, which was marked by the recognition of “prima facie” refugee status for Venezuelan citizens, the elaboration of a national migration policy, and the definition of the future of Operation Welcome. Our objective is to reflect on the main challenges faced by the new government concerning migration and refugee issues, considering the historical con-struction of the agenda in the last two decades. We conclude that the current focus is on revamping crucial policies to ensure the smooth operation of orderly migration within the country, as these practices have been gradually dismantled in recent years. Besides, we highlight that the future of Opera-tion Welcome remains uncertain at this stage.
Topic:
Foreign Policy, Governance, Law, Refugees, Lula da Silva, and Migration Policy
Political Geography:
Brazil and South America

8. CCP Ideological Indoctrination, Part 1: The PRC’s New “Patriotic Education Law”

Author:
John Dotson
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
On October 24, the People’s Republic of China (PRC) National People’s Congress (NPC) Standing Committee (全国人民代表大会常务委) officially codified the country’s existing initiatives for “patriotic education (PE; 爱国主义教育)” by promulgating the People’s Republic of China Patriotic Education Law (中华人民共和国爱国主义教育法). This mandates indoctrination in state-directed ideological content throughout all sectors of society (PRC Government, October 25). While CCP policy documents are always more important than formal PRC law, the Party-state does use formal laws passed by the National People’s Congress (全国人民代表大会) to codify and emphasize Party policies. This law appears to be no exception. [1] The unveiling of the new Patriotic Education Law has been accompanied by a campaign of predictably laudatory coverage in PRC state media. For example, the CCP mouthpiece People’s Daily ran a flowery editorial that quoted a professor from the China University of Political Science and Law as stating that “implementing the patriotic education law will enhance the daily practice of patriotic spirit” among the Chinese people. The editorial itself opined that the NPC had, “on the basis of the rule of law, promoted and guaranteed New Era patriotic education, inspiring the nation’s spirit, concentrating the people’s strength, advancing the building of a strong country [and] national revival with extremely significant and profound meaning” (People’s Daily, November 23). Such coverage has appeared alongside other official messaging emphasizing the need for enhanced focus on ideological instruction. For example, the mid-October issue of the CCP’s official journal Qiushi (求实) was a themed issue focused on ideology. It featured a lead article under Xi’s name titled “Open New Frontiers for the Sinicization and Modernization of Marxism.” It also included a list of articles on supporting themes, such as a Central Party School article titled “In the New Era and New Journey, Unceasingly Advance the Party’s Innovations in Theory” (Qiushi, October 16).
Topic:
Education, Law, Ideology, Political Parties, Chinese Communist Party (CCP), and Indoctrination
Political Geography:
China and Asia

9. Chinese National Security Laws Hinder Foreign Companies’ Operations in China

Author:
Martin Purbrick
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Investigations into alleged misconduct and criminality by companies are to be expected, and welcomed, in any country. However, the problems facing foreign companies in the People’s Republic of China (PRC) depart from normal legal checks and balances. The lack of separation between the judiciary and the state, and the uncertainty around China’s interpretation of the “rule of law,” is a risk factor for companies doing business there (See: China Brief, September 8). In addition, “state secrets” in the PRC are defined widely in relation to national interest. Consequently, a foreign company can inadvertently breach the law by obtaining and using commercial data. This week the US Department of Commerce’s Bureau of Industry and Security (BIS) announced updated export controls on advanced computing semiconductors, semiconductor manufacturing equipment, and supercomputing items to the PRC (BIS, October 17). Foreign companies doing business in the PRC are likely to face continued uncertainty as a consequence. The response from the PRC was swift, stating that the United States has constantly “overstretched the concept of national security” and resorted to “unilateral bullying” (China Daily, October 18), which suggests that there is a risk the PRC will take retaliatory measures against foreign companies. Western companies involved in the PRC have long understood that when investing in China they must lose a little bit of money in the short term to win a lot of money in the long term. Doing business in China has always been complex, but with the continued expansive approach to national security, it may now be increasingly untenable (See: China Brief, September 22). After three decades of huge investment in the PRC by international companies, there are growing concerns that the growing emphasis on national security is harming the confidence of overseas investors. As the European Union Chamber of Commerce in China reports, “the politicisation of business, and ambiguous laws and regulations…increases risk for companies operating in Chinas” (EU Chamber, September 20). In recent weeks, this ambiguity has been exacerbated by the growing number of “exit bans,” whereby PRC authorities forbid specific business executives at international companies, such as Kroll and Nomura, from leaving the country (Stratfor, September 29).
Topic:
National Security, Law, and Business
Political Geography:
China and Asia

10. Xi Jinping’s Hidden Goals for the PRC Law on Foreign Relations

Author:
Willy Wo-Lap Lam
Publication Date:
07-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Chinese President Xi Jinping has promulgated a new law on foreign affairs to legitimize tough measures that Beijing is taking against the “bullying” of the “hegemonic West.” The statute, “The Law on Foreign Relations of the People’s Republic of China (PRC),” which takes effect on July 1, will also anchor the supreme leader’s long-standing aspiration to build a China-centric global order that will challenge the framework established by the US-led Western Alliance since the end of World War II. The law also codifies the total control that Xi, who is Chinese Communist Party (CCP) General Secretary and Chairman of its Central Military Commission (CMC), exercises on all policies regarding diplomacy and national security (People’s Daily, June 30; Xinhua, June 28). The law states that the PRC “stays true to the vision of common, comprehensive, cooperative, and sustainable global security, and endeavors to strengthen international security cooperation and its participation in mechanisms of global security governance.” It stresses Beijing’s right to “take corresponding countermeasures and restrictive measures” against acts that violate international law and norms and that “endanger China’s sovereignty, security and development interests.” The official Global Times said the statute was a response to “new challenges in foreign relations, especially when China has been facing frequent external interference in its internal affairs under the western hegemony with unilateral sanctions and long-arm jurisdiction” (The Global Times, June 28). The legislation legalizes measures such as counter-sanctions and blacklisting of foreign nationals and institutions in retaliation against similar measures that the US and other Western countries have taken against PRC firms (New York Times Chinese Edition, December 16, 2022).
Topic:
Foreign Policy, Diplomacy, Law, and Xi Jinping
Political Geography:
China and Asia

11. The Long Arm of the Law(less): The PRC’s Overseas Police Stations

Author:
Martin Purbrick
Publication Date:
06-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In April, the FBI charged two Chinese-Americans, both U.S. citizens, with conspiring to act as agents of the government of the People’s Republic of China (PRC) by establishing an “overseas police station” on behalf of the Fujian Public Security Bureau in New York. The defendants allegedly organized counter-protests against the Falun Gong, harassed a Chinese fugitive to return to the PRC and hassled a pro-democracy activist living in California. On June 6, the UK Government Minister of State for Security, Tom Tugendhat, made a statement with an update on Chinese “Overseas Police Service Stations” reportedly located in Croydon, Glasgow and Hendon (UK Parliament, June 6). He stated that “the Police have visited each of the locations identified by Safeguard Defenders [the NGO that reported the locations], and carefully looked into these allegations to consider whether any laws have been broken and whether any further action should be taken. I can confirm that they have not, to date, identified any evidence of illegal activity on behalf of the Chinese state across these sites.” The reactive approach in the UK is notably different from the US, where proactive intelligence led investigations by the FBI have led to multiple arrests. International concern regarding the extent of law enforcement activity by Chinese agencies outside of their home country jurisdiction has recently increased. Such activity has been reported as “Chinese Overseas Police Service Centers” (Safeguard Defenders, September 2022), “Chinese Assistance Centers” (China Brief, January 5, 2019), joint patrols in Italy with local police, structured training to local police such as in the Solomon Islands, harassment and intimidation of Chinese dissidents, and extra-judicial action to return fugitives from overseas that effectively constitutes extraordinary rendition. These activities are characterized by their diversity and, as a result, should not be considered part of a single strategy. Rather, the multiple purposes served by Chinese police forces’ expanding overseas activities can be better understood by tracing how these efforts have evolved over the past decade.
Topic:
Security, Law Enforcement, Law, and Police
Political Geography:
China and Asia

12. Coming Together or Coming Apart? A New Phase of International Cooperation on Migration

Author:
Demetrios G. Papademetriou, Natalia Banulescu-Bogdan, and Kate Hooper
Publication Date:
01-2022
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
The global context for international cooperation on migration has shifted in unanticipated ways since the Global Compact for Safe, Orderly, and Regular Migration was adopted in December 2018. The COVID-19 pandemic, in particular, upended the migration status quo. Beginning in March 2020, countries introduced border closures or restrictions that essentially paused most forms of mobility, with significant consequences for migrants, their countries of origin, and destination countries—from stranded populations and reduced remittances, to labor shortages in key industries. While many governments’ responses to the pandemic have been unilateral and inward-looking, these challenges have underscored the importance of pursuing greater coordination on migration and mobility at the bilateral, regional, and multilateral levels. Drawing on three meetings of MPI’s Transatlantic Council on Migration, this Council Statement explores the rationale for deeper cooperation on migration, the obstacles impeding it, and ways forward. It reflects on the trajectory of the Global Compact and its implementation to date, and strategies for reinvigorating international cooperation.
Topic:
International Cooperation, International Organization, Migration, Governance, Law, COVID-19, and Immigration Policy
Political Geography:
Global Focus

13. Robbing Reproductive Autonomy: Forced Sterilizations in the Americas and the Inter-American Human Rights System’s Response

Author:
Meredith McCain
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
Forced and coerced sterilizations, far from being a relic of the past, remain a widespread and troubling practice throughout the world. In the Americas, numerous countries have been accused of carrying out state-sponsored campaigns of forced sterilizations against indigenous, Afro-descendant, poor, and/or intellectually disabled women, in what amounts to an appalling act of violence and targeted erasure of marginalized communities. While international jurisprudence on forced sterilizations is limited, the Inter-American Human Rights System has been at the forefront of confronting this issue of reproductive justice. Through an analysis of two landmark cases at the Inter-American Court of Human Rights, this paper explores the strides that have been made and the gaps that remain for survivors of forced sterilization to receive justice.
Topic:
Human Rights, Law, State Violence, Reproductive Rights, and Sterilization
Political Geography:
South America, Central America, and North America

14. The Future of Digital Evidence Authentication at the International Criminal Court

Author:
Chelsea Quilling
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
Journal of Public and International Affairs (JPIA)
Institution:
School of Public and International Affairs (SPIA), Princeton University
Abstract:
In the digital age, new technologies and advancements in computing power have transformed the nature of potentially relevant evidence of atrocities evaluated in international criminal law. The International Criminal Court is presently underprepared to meet the challenges of authenticating digital evidence. This paper outlines the challenges and dangers of the ICC’s current approach to digital evidence authentication and verification, explores the debate among scholars over the analysis of scientific evidence as an analogous problem, and identifies policy recommendations for improving the Court’s capacity and capability to authenticate digital evidence.
Topic:
International Relations, Science and Technology, Law, International Criminal Court (ICC), and Digital Revolution
Political Geography:
Global Focus

15. Israeli Law and the Rule of Colonial Difference

Author:
Rabea Eghbariah
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
Topic:
Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
Political Geography:
Middle East, Israel, and Palestine

16. Legal options for a green golden rule in the European Union’s fiscal framework

Author:
Zsolt Darvas
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
Bruegel
Abstract:
Achieving the European Union’s climate goals and decoupling from Russian energy will require a massive increase in green public spending, which will be difficult when EU fiscal rules requiring fiscal consolidation are reinstated. The two major proposals to address the conflicting goals of fiscal consolidation and increased green public investment needs are a possible new European climate investment fund and a green golden rule. The latter would exclude any increase in net green public investment from the fiscal indicators used to measure compliance with fiscal rules, for countries with sound public finances. An EU climate fund and a well-designed green golden rule would be equivalent in terms of project selection, implementation and control procedures. If the climate fund does not involve redistribution across member states, then the treatment of related spending and consequent borrowing in national fiscal indicators and in the EU’s fiscal framework would be the same. New regulations would be needed to set up both the climate fund and the green golden rule. Special legislation would be needed to exempt the subsequent climate expenditures from EU fiscal rules in both cases. A climate fund financed by EU borrowing with redistributive effects across countries would likely result in the exclusion of the fund’s activities from national fiscal indicators and EU fiscal rules without any legislative changes. There are question marks about the desirability and political feasibility of redistribution across the EU for climate purposes. An EU climate fund, irrespective of whether or not it involves redistribution, would mainly benefit southern and eastern EU countries. An instrument is needed to foster green public investment in western and northern EU countries as well. The green golden rule would be such an instrument. While there are some pragmatic options to mimic a green golden rule in the current EU fiscal framework, such as amending the so-called ‘investment clause’ and adjusting the medium-term objective for the structural balance, ultimately, elements of the 2011 Six-Pack legislation and the 2012 Treaty on Stability, Coordination and Governance should be revised to include a green golden rules.
Topic:
Climate Change, Law, European Union, Fiscal Policy, and Energy
Political Geography:
Europe

17. Customary International Law Requiring States to Grant Nationality to Stateless Children Born in Their Territory

Author:
William Thomas Worster
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In the most recent few years, state practice and opinio juris are increasingly converging to affirm that states must grant nationality to children born in their territory if they would otherwise be stateless. In prior scholarship, this author has argued that there is a customary international law norm requiring states to grant nationality in such cases. Certainly, UNHCR’s #IBelong campaign is a significant part of this development, placing statelessness back on the international agenda, as well as encouraging states to adhere to the statelessness conventions, adopt birth registration and statelessness determination procedures and revise domestic law. Partly due to this campaign, states are increasingly adopting practice and domestic law that provides for nationality from birth for stateless children but are also increasingly stating their opinion that such an approach is desirable, necessary and morally compelling. In fact, it is effectively impossible to identify any state that claims it has the unfettered right to refuse to grant nationality to a stateless child born in its territory. This article will complete a brief survey of recent practice and expressions of opinion, mostly as documented by UNHCR as a part of the #IBelong Campaign to End Statelessness, to confirm that this norm continues to strengthen under customary international law.
Topic:
International Law, Law, Children, Citizenship, and Nationality
Political Geography:
Global Focus

18. Undocumented Children in Iran

Author:
Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:
Law, Children, Stateless Population, and Undocumented Population
Political Geography:
Iran and Middle East

19. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:
Thomas McGee and Yoana Kuzmova
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:
Human Rights, Law, Citizenship, and Stateless Population
Political Geography:
Africa, Middle East, and MENA

20. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:
Eric Fripp
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:
Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:
United Kingdom and Europe