This chapter explores the legacies of indenture for international law in Asia through a survey of the existing scholarship and points to new directions for research. Focusing on indentured labor from India, which comprised the majority of labourers recruited under this system in the nineteenth and early twentieth century, it shows how indenture shifted definitions of emigrants and foreigners, shaped discourses on welfare in migration, and left its mark on international relations as they emerged in the aftermath of the two world wars. The chapter also discusses how questions of nationality and citizenship in the postcolonial period often overlooked the plight of the descendents of indenture in Asia, and concludes with speculations on what the new form of indenture is and the limits of drawing these historical analogies.

This is the first of six chapters on Arendt’s contributions to international legal theory. In The Origins of Totalitarianism, Arendt called for “a new law on earth,” but she never explains its contents; these six chapters do so. The present chapter begins with the issue of statelessness, one of her central preoccupations. Arendt believed that human rights law offers no real protection to the stateless, because they lack “the right to have rights,” by which she means the legal right of membership in a political community that protects their human dignity. The chapter analyzes “the right to have rights” and Arendt’s relational conception of human dignity. It then unpacks her views on state sovereignty, arguing that they resemble contemporary theories of sovereignty as responsibility. It explains what Arendt means by the “idea of humanity” reflected in international law, and why that idea requires courts to pass judgment on crimes against humanity.

The only form of knowledge about ethnicity that officially and permanently attaches to individuals in Kenya is the register of citizens kept by the National Registration Bureau, which issues ID cards. In this chapter, I briefly trace the history of the ID card in colonial labour control practices (not civil registration), but focus on the deeply ambiguous role of ethnicity in registration over recent years. I show how there is a disconnect between the lack of a place for ethnicity in law or regulation surrounding IDs, yet its continued presence in practice. I then examine several cases of minority ethnic community leaders engaged in what I call ‘code seeking’, where they successfully lobbied for recognition as ‘tribes of Kenya’ as a path to securing ID cards – de facto proof of citizenship for people otherwise stateless. However, I also show that other people, in this example, the Galje’el people, a sub-clan of Somalis, have not been and likely will not be successful with this strategy. This chapter draws our attention to the benefits of both classification and vagueness, while remaining vigilant about their risks.

The issue of international membership introduces the related issue of international rights holding. International rights holding amounts to being “in”—that is, being recognized as legitimate and, as such, as having rights. But the membership process through which a collective actor gets “in” and comes to enjoy the status of rights holder also has a selective and exclusionary character. There is an interrelated process of denial of rights holding for other collective actors. An illustration of how international membership associated with international rights holding can have this selective and excluding effect is the impact of international law on rights holding in the framework of colonialism—an impact so significant that it continues to have a legacy today. Thus, the selective character of international membership has a cost for international rights holding not simply for the societies at odds with the requirements of statehood but also for their individual members.

The chapter argues that post-1945 international human rights law cannot be understood without accounting for the interwar period and some core elements of human rights discourse which existed at the time. Whereas classical histories of human rights have focused on genealogy and teleology to spell out the advent of rights universalism, more recent work has anchored the origins of human rights in national political communities. Accounting for these new historiographies, this chapter distinguishes between nineteenth-century human rights discourse and post–Second World War international human rights law. Elements of the former and antecedents of the latter can be found in the interwar period, in particular in the legal regimes for the protection of refugees and minorities. Although it analyses the two regimes separately, it articulates their points of convergence and situates them in the context of rising nationalism and the advent of the individual as a subject of international law.

It is often assumed that private international law is disconnected from geopolitical events. Scholars of private international law assume this because they generally perceive their field as neutral and apolitical. Scholars of public international law are unaware that the two fields were enmeshed in geopolitical debates. This chapter revisits the history of private international law to expose the reckoning of a variety of actors with the way in which the field was impacted by and could respond to the geopolitical events of the day. Puzzles surrounding questions of jurisdiction and choice of law would be used to translate aspects of state succession, conflicts of nationality, vested rights, statelessness, capitulations, conflict of laws and jurisdiction in the mandates or the extraterritorial application of Russian and then Nazi laws, into familiar questions of private international law. Some of these interwar questions have contemporary parallels. Engaging with the history of private international law can offer valuable lessons when considering private international law’s current role in geopolitical events.

This chapter explores denationalization, focusing on Indonesian foreign terrorist fighters (FTFs). Post-9/11 and during the Arab Spring, Western democracies tightened border control to combat terrorism, enabling the stripping of citizenship from involved individuals. Denationalization, via law or public-authority decisions, emerged as a contentious counter-terrorism tool. Indonesia, as a Muslim-majority Southeast Asian nation, partially embraced denationalization, refusing to repatriate Indonesian FTFs. This aligns with global security concerns but raises statelessness questions. The chapter examines denationalization’s legal framework, international obligations, and the blurred line between de jure and de facto statelessness. Critics argue that disproportionately applying denationalization to Muslims undermines human rights, inter-state cooperation and international justice. Refusal to repatriate Indonesian FTFs raises concerns about long-term consequences and due process. Understanding denationalization nuances is vital, considering its impact on the citizenship rights of individuals involved in terrorism.

This chapter explores the impact of conflict on the issue of statelessness in Asia using a case study centred on the Kuomingtang (KMT) soldiers and their descendants in northern Thailand. The case study examines the historical background of the KMT Secret Army and conducts legal and policy analysis on relevant countries including the People’s Republic of China (PRC), the Republic of China (RoC) and Thailand. These analyses shed light on how the group became stateless. The chapter scrutinizes the nationality laws of each country linked to the case study and the practical implementation of these laws and offers observations on the statelessness phenomenon. The case study demonstrates that violent conflicts may lead to de jure statelessness or place people at risk of statelessness due to the loss of a sense of national belonging and legal identity documents as by-products of violent conflict; that (re)gaining citizenship of a country might not be easy as relevant laws change and the operation of laws become too difficult for vulnerable groups to manage; and that the long-lasting political consequences of conflict continue to influence state practice in the case of both PRC and RoC, regardless of the group’s rights under their respective nationality laws.

Unlike many core human rights treaties, the Statelessness Conventions are among the most poorly ratified in the world. Orthodox scholarship on human rights treaties primarily focuses on post-ratification implementation and their impact on state conduct. While it is important to examine post-ratification compliance, understanding why states agree to ratify human rights treaties is as crucial. Ratification nudges states towards better human rights practices and serves as a gateway for the implementation of international norms. This chapter addresses this gap in scholarship by examining the ratification status of the Statelessness Conventions and the ratification process of the 1954 Statelessness Convention, together with key actors and their influence, by the Philippines, Southeast Asia’s first State Party to the treaty, and its subsequent accession to the 1961 Reduction of Statelessness Convention. Both rationalist and non-rationalist explanations account for ratifications. While rational explanations push states to ratify treaties, socializing liberal and constructivist-oriented explanations, for example, also drive states to commit to treaties. Multi-dimensional and multi-perspectival orientations should therefore inform how and why ratification or accession campaigns should be undertaken, and perhaps, even how treaties themselves should be designed. This analysis serves as a basis for broader theoretical reflections on persuading states to ratify human rights treaties.

This chapter explores the synergies, limitations, and challenges of addressing statelessness through human rights and development approaches, using the Hill Country Tamils of Sri Lanka as a case study. In addressing the legacy of statelessness, both the human rights and development frameworks must be drawn on and used simultaneously. However, a frameworks approach alone falls short in addressing statelessness, given the political, economic and societal factors that perpetuate discrimination. Instead, as the case of the Hill Country Tamils demonstrates, both human rights and development approaches must be underpinned by a deeper commitment to pursuing equality and combatting discrimination at large. Despite claims of success, the legacy of statelessness in Sri Lanka still lingers. The Hill Country Tamils are still among the ‘furthest behind’ in Sri Lanka and continue to experience severe discrimination well after securing formal citizenship. The community’s prolonged statelessness has led to long-term deterioration in human rights conditions, such that a grant of formal citizenship alone is inadequate to address structural drivers of disadvantage that the community continues to endure.

The lack of citizenship or statelessness may be brought about by action, misaction and inaction of not only the state but the society in the country as well. The state and society often join hands in depriving a community of citizenship and, in so doing, both parties may act legally and extra-legally against recognizing and giving identity documentation to the community in question, again according to the text of the law, its implementation, or both. The society in question may opt to return citizenship to the same community and encourage the state or state-like entities to implement it. This chapter discusses the situation of the Rohingyas during the political transition in Myanmar (from 2011 to 2020) when the state and society joined hands in legally, extralegally, and/or socially depriving the Rohingyas of citizenship and identity documentation and arbitrarily implementing and mis-implementing the Myanmar Citizenship Law. The main part of the chapter traces the Rohingya moment during the Myanmar Spring (February 2021) and discusses four positive developments in the situation of the Rohingyas after the February 1, 2021 coup, concluding with a caution and some suggestions for the way ahead.

While statelessness remains a global phenomenon, it is a global issue with an Asian epicentre. This chapter situates the book within the context and multi-disciplinary scholarship on statelessness in Asia by reviewing the causes, conditions and/or challenges of statelessness. It recognizes statelessness in this region as a phenomenon beyond forced migration and highlights the arbitrary and discriminatory use of state power in producing and sustaining statelessness. The chapter reviews the ‘state of statelessness’ in Asia, including applicable international, regional and national legal frameworks. It also maps some of the core themes that emerge from the contributors’ examination of the causes and conditions of statelessness in Asia. These include: the relationship between ethnic, religious, cultural and linguistic diversity and statelessness; the legacies of colonialism; contemporary politics surrounding nation-building, border regimes and mobilities; as well as intersecting vulnerabilities. The chapter concludes with some preliminary thoughts on frameworks of analysis and future research agendas, including challenges and prospects for reform.

This chapter discusses the 1953 legal challenge to Ceylon’s (present-day Sri Lanka) voter registration laws before the Judicial Committee of the Privy Council in London, one of the first against domestic legislation on citizenship from a former British colony. The Kodakan Pillai appeal, as the case was known, was part of multiple challenges to the immigration, nationality and citizenship regime in Ceylon at the time which discriminated against people who had migrated to Ceylon from India but had permanently settled there for multiple generations. The appeal ultimately failed, and the malaiyaha thamilar – plantation laborers and their descendants – form part of minority populations in Sri Lanka today, stigmatized as ‘migrants’ and outsiders, frequently lacking documentation and evidence of citizenship, and consequently, to land ownership or welfare benefits. Drawing on a rich legal archive of citizenship applications filed before the Commission for Indian and Pakistani Residents in the 1950s, alongside the Kodakan Pillai appeal, this chapter serves as an illustration for why the legal history of statelessness in Asia is important. Given this historical context, it also cautions against solutions to statelessness in the region that solely rely on improved documentation of political belonging.

Chapter 4 gives an account of the role of repertoire and travel in German public theatre and how the Theater an der Ruhr works against national understandings of canonised theatrical repertoires. It examines why German repertoire theatres do not discard plays after a season but reperform them for years, even decades, and what consequences this has for actors and their self-cultivation, as well as for the building of an ethico-aesthetic tradition in an institution. This system goes hand in hand with the closely knit notion of the ensemble in German theatre. This chapter explores these notions through a case study of the transnational repertoire of the Theater an der Ruhr and their long-term collaborations with international theatre-makers from precarious parts of the world, known as the ‘international theaterlandscapes project’. I accompanied the Theater’s journey to Algeria and witnessed first-hand their cooperation with Algerian and Tunisian artists after the ‘Arab spring’, focusing on the way in which theatre develops forms of transnational diplomacy and troubles national narratives of cultural heritage.