The Prominence of Statelessness in the Work of United Nations: From Framing International Regime to Mandating Special Agency

Document Type : Original Article

Author

Assistant Professor at Islamic Azad University, Central Tehran Branch,Tehran, Iran

Abstract

The statelessness has marked significantly the agenda of the United Nations from early days of its inception in 1945. Its series of activities focused largely on the development of international legal framework in the post-World War II until 1960s. However, despite growing statelessness and the negative impact on fundamental rights of people around the world, the issue remained off the global agenda for almost three decades. Not only states, but even scholars and practitioners had until recently ignored the scope and nature of the statelessness. It was only in the mid-1990s, the issue regained international attention, with the UN General Assembly expanding the mandate of the Office of the UN High Commissioner for Refugees to also encompass the plight of stateless people. The current paper discusses the content and scope of the statelessness regime which gave birth to two universal instruments. It also explores the mandate and global actions of the UNHCR on statelessness. Conceiving the statelessness as a human rights issue, this article seeks to understand whether the endeavors within UN adequately respond to the magnitude of the problem.

This article discusses the content and scope of the international statelessness regime which gave birth to two universal instruments. It also explores the mandate and global actions of UNHCR on statelessness. As activities and actions of UN to encounter statelessness as an “anomaly” are based on its root cause and consequences, therefore they will be briefly analyzed in this paper. Conceiving the statelessness as a human rights issue, this article seeks to understand whether the endeavors within UN adequately respond to the magnitude of the problem.

Keywords

References

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    Book

    1. Alice EDWARDS and Laura VAN WAAS, eds., Nationality and Statelessness, (Cambridge University Press, 2014)

     

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    1. Journn BRANDVOLL, “Deprivation of Nationality: Limitations on Rendering Persons Stateless Under International Law” in Alice EDWARDS and Laura VAN WAAS, eds., Nationality and Statelessness, (Cambridge University Press, 2014)
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    Cases:

    1. Nationality Decrees Issued in Tunis and Morocco on Nov. 8th, Advisory Opinion, 1923, P.C.I.J (ser.B) No. 4 (Feb.7)
    2. Nottebohm Case (Liechtenstein v. Guatemala); Second Phase, International Court of Justice (ICJ), 6 April 1955
    3. Pham v Secretary of State for the Home Department [2015] UKSC 19, [2015] 1 WLR 1591
    4. Dickson Car Wheel Company (USA) v. United Mexican States, Report of International Arbitral Awards, Vol. IV, 678, http:// legal.un.org/riaa/cases/vol_IV/669-691.pdf,accessed 29/03/2018
    5. R (Al Rawi) v Foreign Secretary [2006] EWHC 976 (Admin)
    6. Inter-America Court of Human Rights, Proposed Amendments to the Naturalization Provision of the Political.
    7. Constitution of Costa Rica, Advisory Opinion, OC-4/84, 1984, Series A No.4.
Iranian Review for UN Studies
Volume 1, Issue 1 - Serial Number 1
September 2018
Pages 145-170

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