The legal evidentiary approach to “solving” statelessness can sometimes lead to the issue being framed in terms of certain groups of people not meeting objective citizenship criteria or lacking required legal documents. Building on critical interdisciplinary scholarship in anthropology, history and legal studies, this article demonstrates the “constructedness” of citizenship and statelessness through the lens of the politics of recognition and documentation. Using Thailand as a case study, I highlight how global economic, political and social contexts play a significant and dynamic role in delineating the legal line of membership. By tracing how Thai nationality has been instrumentalised by the state throughout the twentieth century, this article contextualises statelessness as a legal and social by-product of statemaking. As such, it challenges the framing of nationality as a non-discriminatory mode of recognition founded in legal objectivity and reiterates the politics of statelessness. In emphasising the fragility of citizenship when granted without genuine social, political and moral recognition, I argue that the objective of statelessness advocacy should not simply be about turning stateless persons into citizens, but rather about creating a more equitable society wherein one's rights are upheld regardless of legal status.

This reference for a preliminary ruling raises for the first time the question of the extent of the discretion available to the Member States to determine who their nationals are. In so far as citizenship of the European Union, which depends, admittedly, on enjoyment of the status of national of a Member State, is established by the Treaty, can the powers of the Member States to lay down the conditions for the acquisition and loss of nationality still be exercised without any right of supervision for Community law? That is, in essence, the point at issue in this case. This case therefore calls for clarification of the relationship between the concepts of nationality of a Member State and of citizenship of the Union, a question which, it need hardly be emphasised, to a large extent determines the nature of the European Union.