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Legal Modernities: conceptual transformations around the management of human mobility in international relations
Linnaeus University, Faculty of Arts and Humanities, Department of Design. University of Victoria, Canada.
2013 (English)In: Foreigners, refugees, or minorities?: rethinking people in the context of border controls and visas / [ed] Didier Bigo, Sergio Carrera, Elspeth Guild, Burlington, VT: Ashgate, 2013, 1, p. 75-88Chapter in book (Refereed)
Abstract [en]

The discussion about the situation of the Roma in Europe and their exceptional legal standing when it comes to the right to movement is a telling example of both the legalization of politics and politicization of law within the EU. This text seeks to contribute to the project to re-frame our understanding of international law[1]by looking at how a drive to order coupled with a particular idea of the location of sovereign power that is dependent on particular historicist assumptions and a constantly re-produced separation between different levels of analysis (especially national and international) pervasive within the discipline of international law often enough make such a re-conceptualization impossible despite the best of intentions. It is by tracing this type of human rights discourse internal to international law that we can start to produce constructive criticism of the structures and processes of international law.

[1]In 2002, for example, Richard Falk, Lester Edwin J. Ruiz and R. B. J. Walker (on behalf of the journal Transnational Law and Contemporary Problems) gathered some of the field’s most prominent scholars in order to engage the question of what it might mean to re-frame international law for the 21st century. Accepting its role as a millennial product and at the same time finding the temporal and spatial structures upon which the question as such was framed, the collection explicitly began by asking what was at stake in ‘framing’ anything in terms of ‘re-framing’. In so doing, the authors located a current disciplinary sensitivity in “a loss of confidence in the adequacy of the world” which is reflected both in doubts about the possibility of interpreting the world and also in the actual normative structures of the world. According to the authors, the effect of lost confidence could be seen in how the academic interpreters of international law “tack uneasily between a conventional wisdom about a world of sovereign jurisdictions coexisting in an increasingly responsible and cooperative system and a sense of profound disorientation.” Falk, Ruiz, Walker, p. 4. – 5.

Place, publisher, year, edition, pages
Burlington, VT: Ashgate, 2013, 1. p. 75-88
Keyword [en]
European Union, legal development, Roma, post-colonial, Chakrbarty
National Category
Globalisation Studies
Research subject
Social Sciences
Identifiers
URN: urn:nbn:se:lnu:diva-18329Scopus ID: 2-s2.0-84901088029ISBN: 9781409452539 (print)ISBN: 9781315582801 (print)OAI: oai:DiVA.org:lnu-18329DiVA, id: diva2:515753
Projects
EU - Canada Relations - Externally Funded
Note

About the Book

When immigration policy and the treatment of Roma collide in international relations there are surprising consequences which are revelatory of the underlying tensions between internal and external policies in the European Union. This book examines the relationship of citizenship, ethnicity and international relations and how these three aspects of the State, its people and its neighbours relate to one another. It studies the wide issue of international relations, citizenship and minority discrimination through the lens of the case study of European Roma who seek refugee status in Canada on account of their persecution in Europe. The volume assesses the relationships among citizenship, state protection and persecution and minority status, and how they can intersect with and destabilize foreign affairs. The central background to the book is the European treatment of Roma, their linkages with visa and asylum policies and their human rights repercussions . The various contributions reveal how modern liberal democracies can find themselves in contradictory positions concerning their citizens - when these are looking for protection abroad - and foreigners - in search of international protection - as a consequence of visa and pre-border surveillance policies and practices.

Available from: 2012-04-15 Created: 2012-04-15 Last updated: 2018-01-12Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
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Output format
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