ABSTRACT

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.

chapter |13 pages

Introduction

part I|79 pages

Tension between national sovereignty and rights of immigrants

chapter 1|37 pages

Human rights to asylum and non-refoulement

Rights of expulsi and suppliants in the system of natural and volitional law formulated by Hugo Grotius

chapter 2|19 pages

Self-determination and immigration control *

A critique

part II|73 pages

State legislation and the statuses of immigrants

chapter 4|36 pages

Law-making to face the migration crisis *

Developing legislative policy (analysing the Swedish case)

chapter 5|16 pages

Can the law create discrimination?

Migration, territorial sovereignty, and the search for equality

chapter 6|19 pages

The gap between constitutional rights and human rights

The status of ‘foreigners’ in constitutional law and international human rights law

part III|105 pages

Human rights and border control