Statelessness and Bernhard Waldenfels' Phenomenology of the Alien
Bibliographic Data
| ID | 8409495 |
|---|---|
| Authors | William Conklin, William E Conklin (University of Windsor, corresponding author) |
| Year | 2007 |
| Volume | 38 |
| Issue | 3 |
| Pages | 280-296 |
| Publication date | 2007-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of the British Society for Phenomenology (JOURNAL) |
| Journal identifiers | ISSN: 0007-1773 • E-ISSN: 2332-0486 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/00071773.2007.11006619 |
| OpenAlex | W2082639870 |
| Language | EN |
| Citations received | 2 |
| References cited | 3 |
This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary
Alien · Citizenship · International law · Law and economics · Political science · Sociology · State (computer science) · Stateless protocol · Statelessness · Computer Science · International Law and Human Rights · Law
| Citations per year | 0.13 |
|---|---|
| Citation span | 2010 - 2018 (9) |
| Highly cited | No |