Analysing the International Legal Framework on Nationality : an African and Asian perspective

Abstract

This article examines the prevention of and protection against statelessness through analysis of case law and laws that have dealt with this matter both internationally and at a regional level, with specific reference to two continents (Africa and Asia). The analysis also includes the remedies that are available to individuals who are stateless as well as the enforcement thereof. Cognisance is given to statelessness being the state of not belonging to any country, or not being recognised as a national of any country. The article also analyses how colonialism contributed to people being stateless and how laws have changed beyond the colonial era. Emphasis is placed on the need for consensus between states on what measures should be considered when determining citizenship. The desktop, library research approach will be used in this research. Primary and secondary sources will be consulted. Case law, conventions, and statutes will be the main sources of law. The research will evaluate the differences between the selected jurisdictions’ nationality laws. The way that nationality rules have been applied in those jurisdictions will also be determined by consulting case law. Additionally, journal articles, opinion pieces, and other internet-based resources will be used as secondary sources for the research. These sources offer valuable insights into the concerns expressed by interested parties about nationality and the elements that each jurisdiction has considered and needs to incorporate into their legal framework.