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Sovereignty, Migration and the Law: The Exclusion of Non-Citizens

Sovereignty, Migration and the Law: The Exclusion of Non-Citizens

Author: Patricia Rushton
Publisher: Routledge
ISBN: 9781032849676
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book examines how states justify the creation of physical, policy and legislative barriers of entry for migrants by drawing on a concept of sovereignty.

The movement of people across the world in search of refuge from persecution, war and poverty is accelerating. And as states confronted with this movement create physical, policy and legislative barriers to entry, they justify this exclusion by drawing on concepts of sovereignty. This book interrogates that justification in an historical and theoretical context using the case study of Australian law and policy since 1900, as well as instances from other Western countries that have routinely copied from Australia. But just as Australian migration polices are being replicated in the US, Britain and Europe, so, this book argues, is their employment of an anachronistic concept of sovereignty: one that is reasserted precisely because of its waning power in the face of globalization.

This book will be an important resource for law and political science scholars, researchers and students in the fields of migration and refugee law and policy, as well as to professional policy makers, government institutions, lawyers and international agencies with a particular focus on those fields.

Part One: The Theoretical, International and Historical Context

Introduction

Defining Sovereignty at the Nexus of Globalisation and Migration

Globalisation as a Threat to Sovereignty in the 21st Century

Migration Law and Sovereignty in Australia: 1901, 1958, 1978

Part Two: How Sovereignty is Used to Justify Exclusion

The Clash of Neoliberalism and Sovereignty

Sovereignty to Justify ‘Keeping Out’ and ‘Kicking Out’

Values Revealed: Australian Values and Amendments to the Migration Act 1958, 2000–2020

Part Three: The Anachronism of a Sovereignty that Justifies Exclusion

Sovereignty of Exclusion and the Rule of Law

Conclusion