Addressing Statelessness in South Asia: Customary Obligations and Policy Approaches

Abstract

This research article examines the pressing issue of statelessness in the Asia-Pacific region, particularly focusing on South Asia where despite a significant stateless population, none of the states are signatories to the 1961 Convention on the Reduction of Statelessness. The author explores emerging customary international law (CIL) obligations within South Asia regarding statelessness by analyzing state practice and opinio juris. Through a comprehensive examination of evidence, including international law developments and regional court decisions, the study aims to identify evolving CIL norms obligating states to address statelessness. With a focus on Afghanistan, Bangladesh, Bhutan, India, and Pakistan, the interconnectedness of statelessness issues across these nations is recognized. By scrutinizing state practice and opinio juris, the article contributes to a deeper understanding of evolving legal obligations in South Asia. The conclusion suggests a persuasive probability of CIL responsibility to prevent statelessness and emphasizes the need for further research to strengthen this assumption and extend its application beyond the 1961 Convention. Ultimately, the article underscores the importance of ongoing exploration and examination of state behavior to ensure universal adherence to customary obligations regarding statelessness.