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1. Undocumented Children in Iran

Author:
Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:
Law, Children, Stateless Population, and Undocumented Population
Political Geography:
Iran and Middle East

2. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:
Thomas McGee and Yoana Kuzmova
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:
Human Rights, Law, Citizenship, and Stateless Population
Political Geography:
Africa, Middle East, and MENA

3. Israeli Law and the Rule of Colonial Difference

Author:
Rabea Eghbariah
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Israeli law is an important medium that maintains, perfects, and facilitates the fragmentation of Palestinians. Israeli citizenship figures in this structure of fragmentation as an exceptionalizing legal status that blurs “colonial difference” between Palestinian citizens in Israel and Jewish Israelis. The May 2021 uprising and its aftermath not only highlighted the counter-fragmentary forces present among Palestinians across different legal statuses, it also brought into clearer view a rule of “colonial difference” that crisscrosses the Israeli legal system and pertains to all Palestinians under its control. This essay explores the concept of “colonial difference” as applied to Palestinians through the law, and how this rule has been employed in the context of the May 2021 uprising against Palestinian citizens in particular.
Topic:
Law, Citizenship, Colonialism, Settler Colonialism, Police, Unity, Uprising, and Fragmentation
Political Geography:
Middle East, Israel, and Palestine

4. Racial Formations in Africa and the Middle East: A Transregional Approach

Author:
Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Diana S. Kim, Parisa Vaziri, Denis Regnier, Sean Jacobs, Wendell Marsh, Stephen J. King, Eric Hahonou, Paul A. Silverstein, Afifa Ltifi, Zeyad el Nabolsy, Bayan Abubakr, Yasmin Moll, Zachary Mondesire, Abdourahmane Seck, Amelie Le Renard, Sumayya Kassamali, Noori Lori, Nathaniel Mathews, Sabria Al-Thawr, Gokh Amin Alshaif, Deniz Duruiz, Yasmeen Abu-Laban, Efrat Yerday, Noah Salomon, and Ann McDougall
Publication Date:
09-2021
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
In February 2020, the editors of this volume organized a POMEPS workshop that explored the origins of the disciplinary divide between the study of Africa and the Middle East, examining issues that span both regions (i.e., cross-border conflict, Islamist politics, social movements and national identity, and Gulf interventionism.) In February 2021, we convened another workshop, sponsored by POMEPS and the newly-founded Program on African Social Research (PASR, pronounced Pasiri) centered on racial formations and racialization across the two regions. Both workshops centered around the need for a genuinely transregional scholarship, one which rejects artificial divisions between ostensibly autonomous regions while also taking seriously the distinctive historical trajectories and local configurations of power which define national and subregional specificities. The workshop brought together nearly two dozen scholars from across multiple disciplines to explore the historical and contemporary politics of racial formation across Africa and the Middle East.
Topic:
Islam, Race, War, Immigration, Law, Slavery, Judaism, Colonialism, Borders, Identity, and Amazigh
Political Geography:
Africa, Sudan, Turkey, Middle East, Asia, South Africa, Yemen, Palestine, North Africa, Egypt, Madagascar, Tunisia, Oman, and Gulf Nations

5. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Author:
Malak Benslama-Dabdoub
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
Topic:
Law, Colonialism, Stateless Population, and Nationality
Political Geography:
Middle East and Syria

6. A Syrian Perspective on the Special Tribunal for Lebanon: What Lessons to Be Learnt?

Author:
Mansour Omari
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Along with the Lebanese, many Syrians were also closely watching the verdict of the Special Tribunal for Lebanon. This is due in part to suspicions that the Syrian regime may have been involved in Hariri’s assassination but also because of the growing interest of many Syrians in international options for justice for the grave violations committed in Syria since 2011. This paper examines the lessons that Syrians can learn from the STL’s experience in their goal to hold those responsible for war crimes and crimes against humanity accountable.
Topic:
Genocide, Law, Judiciary, Humanitarian Crisis, and Tribunal
Political Geography:
Middle East and Lebanon

7. Incorporation of Universal Human Rights’ Norms in Municipal Law: An Analytical Study of Saudi Arabia, Iran, and India

Author:
Moosa Akefi Ghaziani and Mohmmad Akefi Ghaziani
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The incorporation of universal human rights’ norms in public municipal law has often been a challenge for both Islamic and secular states. Employing an analytical method this article explores the main legal challenges to the incorporation of universal human rights norms into municipal laws in three states--Saudi Arabia and Iran, the two Islamic states, and India, the secular state. It is argued that despite their differences in the larger legal framework they follow a peculiar dualistic system to incorporate the human rights norms, which results in its application challenges.
Topic:
Human Rights, Law, and Norms
Political Geography:
Iran, Middle East, and Saudi Arabia

8. IPCRI In Between Conference: Safety & Protection in Contested Spaces - Ms. Karolina v. Ede Tzenvirt

Author:
Karolina v. Ede Tzenvirt, Nimati Tahhan, Badi Hasisi, and Sammy Douglas
Publication Date:
02-2020
Content Type:
Video
Institution:
Israel/Palestine Creative Regional Initiatives (IPCRI)
Abstract:
Since 2017, the Davis Institute for International Relations from the Hebrew University and the Center for Regional Initiatives (IPCRI) have been engaged in a project aimed at building shared visions for Jerusalem. In this project, local residents from diverse communities from across Jerusalem engaged in mapping local needs and designing their visions for the future of the city. As complementary to this work, IPCRI organized in partnership with Konrad Adenauer Stiftung and the Irish Aid delegations of experts and civil society leaders from Jerusalem to other contested cities such as Belfast, Nicosia and Sarajevo. These delegations focused on the reality of cities in conflict and highlighted the lessons that can be learned from other conflicts. This conference presented the outcomes of both projects. In the first part of the conference, scholars presented policy recommendations designed by local residents and will receive input from experts from other contested cities. Following this part, we will host panels and workshops focusing on the practice of bringing change to contested spaces. From urban planning through shared education and equal representation, we aim to present a comprehensive vision towards the future of those cities in conflict. This presentation was a part of a panel focusing on "Building a Safe Space: Safety & Protection in Contested Spaces" with the participation of Ms. Karolina v. Ede Tzenvirt Building Visions for the Future of Jerusalem Ms. Nimati Tahhan The Glocal Program, The Hebrew University Prof. Badi Hasisi The Faculty of Law, The Hebrew University Mr. Sammy Douglas Former Member of the Legislative Assembly, N. Ireland
Topic:
Law, Conflict, Cities, and Society
Political Geography:
Middle East, Israel, and Palestine

9. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:
A. Aslı Bilgin and Pierluigi Simone
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:
Bilateral Relations, Law, European Union, and Citizenship
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

10. The Israeli Elections Just Got Interesting: Netanyahu’s Indictment and the New Center Left Alliance

Author:
Josh Dean
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
A little over a month ago, I wrote of an atmosphere of resignation in Israel among Netanyahu’s political opponents leading up to the Israeli parliamentary elections on April 9th. The smattering of center-left parties seeking to rival Netanyahu’s Likud at the ballot box were divided across a range of tickets, unable to put their egos aside and form a joint bloc capable of presenting a veritable challenge to the incumbent prime minister. The long-reigning Israeli leader’s tenure looked, therefore, set to extend even further. The question was not who will be the next prime minister, but rather “Who will be the next Bibi [Netanyahu]?” as Israeli comedian Tom Aharon quipped. But a lot can change in a day of Israeli politics, never mind a month. As political alliances shift rapidly, the announcement of Netanyahu’s indictment on fraud and corruption charges has further destabilized the already-turbulent atmosphere leading up to the April elections.
Topic:
Corruption, Politics, Law, and Elections
Political Geography:
Middle East, Israel, and Palestine