Lampedusa and Beyond: Recognition, Implementation, and Justiciability of Stateless Persons' Rights under International Law

Interdisciplinary Journal of Human Rights Law, Vol. 6 (2011-2012)

IGL&P Working Paper No. 2011/5

22 Pages Posted: 15 Sep 2011 Last revised: 23 Nov 2012

Date Written: January 13, 2011

Abstract

The most recent humanitarian crisis at the Italian island of Lampedusa is an important point to reexamine critically the human rights of stateless persons under international law. This article identifies serious deficiencies across the international regime for the protection of stateless persons. By examining the genealogy of the international legal regime on statelessness, tracing it from recognition to implementation, the article argues that the lack of state participation and enforcement are the main impediments to the effectiveness of all categories of treaties related to statelessness. Through studying the justiciability of the stateless persons’ claims under the European Convention on Human Rights and Fundamental Freedoms and its implementation machinery, the article traces procedural, substantive, and wider structural obstacles, which stand on the way to realization of the stateless people’s rights. Finally, I propose a set of recommendations that can partially remedy some of the problems raised.

Keywords: Arendt, Soysal, The European Court of Human Rights, statelessness, refugees, human rights, international law

JEL Classification: K10

Suggested Citation

Dolidze, Anna V., Lampedusa and Beyond: Recognition, Implementation, and Justiciability of Stateless Persons' Rights under International Law (January 13, 2011). IGL&P Working Paper No. 2011/5. Available at SSRN: https://ssrn.com/abstract=1927033 or http://dx.doi.org/10.2139/ssrn.1927033

Anna V. Dolidze (Contact Author)

Faculty of Law, UWO ( email )

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