publication by a member of the Interest Group
by Tamás Molnár
Statelessness and protection of stateless persons under public international law has not traditionally been in the forefront of academic legal research. Tamás Molnár has just published a paper in the US China Law Review (Vol. 11, No. 7) that aims to draw a picture on the legal status of stateless persons under public international law, shedding light onto the rather sporadic but noteworthy legal developments after the adoption of the core global instrument in this field, the 1954 New York Convention on the Status of Stateless Persons. It explores both the current legal framework on the universal and regional level (de lege lata) and new tendencies in legal developments (de lege ferenda).
The paper concludes that public international law created a new legal category, an abstract and autonomous de iure stateless status, with its own terminology and dogmatics. All this with a view to establish a coherent, logically closed legal architecture and to offer a self-standing protection status for those having been denied the basic right of belonging to a State. Nevertheless, there are still serious gaps and shortcomings in the relevant international legal framework as well as the existing norms that face also limited effectiveness.
The paper can be downloaded here.