The Right to have Rights as Nationality

Alison Kesby

in The Right to Have Rights

Published in print January 2012 | ISBN: 9780199600823
Published online May 2012 | e-ISBN: 9780191738272 | DOI:
The Right to have Rights as Nationality

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Chapter 2 examines the emancipatory potential and limits of the right to have rights conceived in terms of the right to a nationality. Four different conceptions of the right are examined and critiqued—the formal, human rights, democratic governance, and substantive belonging approaches, with the author favouring the latter. Whichever conception is adopted, however, it is argued that nationality risks usurping humanity such that the subject of rights becomes the national alone.

Keywords: ‘right to have rights’; hannah arendt; statelessness; nationality; right to a nationality; international human rights law; citizenship; democratic governance; arbitrary deprivation of nationality; diplomatic protection; public international law; international public order

Chapter.  16238 words. 

Subjects: Public International Law

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