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Looking at two of the key paradigms of the post-Cold War era-national sovereignty, and human rights - this book examines the possibilities for their reconciliation from a global perspective.
The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements, and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies.
Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource.
Contents
Introduction
Tetsu Sakurai
Part 1 Tension between National Sovereignty and Rights of Immigrants
1. Human Rights to Asylum and Non-Refoulement: Rights of Expulsi and Suppliants in the System of Natural and Volitional Law Formulated by Hugo Grotius
Rainer Keil
2. Self-determination and Immigration Control: A Critique
Kevin Ip
3. International Borders, Immigration and Nondomination
Joshua Kassner
Part 2 State Legislation and the Statuses of Immigrants
4. Law-Making to Face the Migration Crisis: Developing Legislative Policy (Analysing the Swedish Case)
Mauro Zamboni
5. Can the Law Create Discrimination? Migration, Territorial Sovereignty and the Search for Equality
Valeria Marzocco
6. The Gap between Constitutional Rights and Human Rights: The Status of 'Foreigners' in Constitutional Law and International Human Rights Law
Akiko Ejima
Part 3 Human Rights and Border Control
7. From Formalist Circumvention to Substantive Fulfilment: Taking Human and Fundamental Rights Seriously in European Migration Policy
Frederik von Harbou
8. Does International Human Rights Protection Trigger a Copernican Revolution for Immigration Law?
Stefan Schlegel
9. Migration, Neighbourliness, and Belonging
Steven Scalet
10. Reflective Inclusiveness as a Bridge between Human Rights and Nationalistic Attachment
Tetsu Sakurai
Conclusion
Mauro Zamboni
