Statelessness and Nationality Matters in the context of Migration between Northern Africa and Spain

Abstract

Abstract This article explores the problems linked with the determination of nationality and the condition of statelessness in a complex setting characterized by undocumented migration, such as the transit zone around the Strait of Gibraltar, between North Africa and the southern borders of Spain. The States immediately concerned are Morocco and Spain, although the situation affects many other neighbouring States in North Africa. The study suggests that without a precise mechanism to separate regimes between ordinary migrants and migrants who need international protection, such States fail to fulfil their international obligations regarding stateless persons and other undocumented migrants.