Law & Legal Studies

The Customary Obligation to Avoid, Reduce, or Prevent Statelessness in South Asia

The Customary Obligation to Avoid, Reduce, or Prevent Statelessness in South Asia

Despite the prevalence of statelessness, there exists state practice and opinio juris in South Asia that point to an emerging customary international law obligation to avoid, reduce, or prevent statelessness.

Author

Andrea Marilyn Pragashini IMMANUEL, PhD Candidate at the Peter McMullin Centre on Statelessness, Melbourne Law School, University of Melbourne, Melbourne (Australia); Assistant Professor of Legal Practice (on leave), Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

South Asia, as a region, consists of several stateless groups as well as groups at the risk of statelessness. However, none of the South Asian states are parties to the 1961 Convention on the Reduction of Statelessness, thus these states do not have specific obligations arising from this Convention to avoid, reduce, or prevent statelessness in the region.

In this context, this article ascertains that despite the prevalence of statelessness, there exists state practice and opinio juris in South Asia that point to an emerging customary international law obligation to avoid, reduce, or prevent statelessness.

Published in: Asian Journal of International Law

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