Statelessness : the enigma of the international community

목차 (Table of Contents)

• 자료제공 :
• 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