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The Right to Have RightsCitizenship, Humanity, and International Law$
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Alison Kesby

Print publication date: 2012

Print ISBN-13: 9780199600823

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199600823.001.0001

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The Right to have Rights as Nationality

The Right to have Rights as Nationality

Chapter:
(p.39) 2 The Right to have Rights as Nationality
Source:
The Right to Have Rights
Author(s):

Alison Kesby

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600823.003.0003

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

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