Hannah Arendt (1906 1975) was one of the most original and interesting political thinkers of the twentieth century. In this new interpretation of her career, philosopher Richard Bernstein situates Arendt historically as an engaged Jewish intellectual and explores the range of her thinking from the perspective of her continuing confrontation with "the Jewish question." Bernstein argues that many themes that emerged in the course of Arendt's attempts to understand specifically Jewish issues shaped her thinking about politics in general and the life of the mind. By exploring pivotal events of her life story her arrest and subsequent emigration from Germany in 1933, her precarious existence in Paris as a stateless Jew working for Zionist organizations, her internment at Gurs and her subsequent escape, and finally her flight from Europe in 1941 he shows how personal experiences and her responses to them oriented her thinking.
This book addresses a critical gap in existing scholarship by examining statelessness through the prism of international refugee law, in particular by examining the extent to which the 1951 Refugee Convention protects de jure stateless persons. It responds to the need for a coherent and inclusive legal framework to address the plight of stateless individuals who fear persecution. The central hypothesis of this book is that the capacity and potential of the 1951 Refugee Convention to protect stateless persons has been inadequately developed and understood. This is particularly so when we consider the significant transformation that has occurred over the past 60 years in delimiting state discretion in matters of nationality, including in relation to the acquisition and deprivation of nationality, and the treatment of non-nationals. While it may once have been correct to assume that matters of nationality were largely outside the realm of international law, the advent of international human rights law in particular has limited state sovereignty in this respect. Accordingly, whether a stateless person is also a refugee potentially admits of a very different answer in light of modern international human rights law as compared to 1951.
The Kuwaiti population includes around 100,000 people – approximately 10 per cent of the Kuwaiti nationals –whose legal status is contested. Often considered 'stateless', they have come to be known in Kuwait as biduns, from 'bidun jinsiyya', which means literally 'without nationality' in Arabic. As long-term residents with close geographical ties and intimate cultural links to the emirate, the biduns claim that they are entitled to Kuwaiti nationality because they have no other. But since 1986 the State of Kuwait, has considered them 'illegal residents' on Kuwaiti territory. As a result, the biduns have been denied civil and human rights and treated as undocumented migrants, with no access to employment, health, education or official birth and death certificates. It was only after the first-ever bidun protest in 2011, that the government softened restrictions imposed upon them. Claire Beaugrand argues here that, far from being an anomaly, the position of the biduns is of central importance to the understanding of state formation processes in the Gulf countries, and the ways in which identity and the boundaries of nationality are negotiated and concretely enacted.
This second edition of The United Nations Convention Against Torture: A Commentary provides an updated analysis of all substantive, organizational, and procedural provisions of the Convention and its Optional Protocol, ensuring that the volume continues to serve as a comprehensive guide for researchers and practitioners alike.
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