The transnational movement of peoples is one of the burning issues of our times, giving rise to populist anger against migrants and refugees. Studying the radical reconfiguration of territory, rights, and jurisdiction currently taking place, this volume examines its implications for the future of democratic governance within and across borders. Throughout the world, states are employing increasingly punitive responses under cover of law to arrest mobility, evade rights, and detach borders from fixed territorial markers. The consequent formation of the 'shifting border' provides tremendous power and almost boundless discretion to states (and especially their public and private delegates and partners at multi-governance levels) to rely on ever harsher techniques of migration governance and border control in order to restrict movement and constrict rights. These actions extract deadly costs from migrants, families on the move, and communities everywhere. This title is also available as Open Access on Cambridge Core.
Focusing on the hot-button issues of migration and sovereignty, this volume highlights the radical reconfiguration of territory, rights, and jurisdiction taking place at different levels and examines its implications for the future of democratic governance within and across borders. This title is also available as Open Access on Cambridge Core.
Recenzijos
'Borders have long been regarded as delimiting national territories and defining state sovereignties. But as Lawless Zones, Rightless Subjects convincingly demonstrates, a new geography of externalized and hardening borders has recently emerged as a result of moral panics around migration fueled by xenophobic discourses. Traveling across disciplines and continents, the authors brilliantly illuminate this historical transformation of global political landscapes.' Didier Fassin, Professor at the Collčge de France and the Institute for Advanced Study 'Disclosing, charting, and critically engaging the reconfigurations of territory, rights, and jurisdiction that structure the global politics of migration and asylum, this volume explores their implications for contemporary political orders. Benhabib and Shachar have assembled a stellar cast of investigators who map this terrain from diverse perspectives in order to shed light over the whole. Essential reading for legal and political theorists concerned with understanding the present, and sustaining the futures, of democratic governance and of human rights.' David Owen, Professor of Social and Political Philosophy, University of Southampton 'This remarkable volume, examining the many modes of closing doors to the movement of people, opens wide windows for readers to understand these anxious times, as migrants bear the weight of the sense of dislocation that is experienced within and beyond the nation state.' Judith Resnik, Arthur Liman Professor of Law, Yale Law School
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Analyzes reconfigurations of territory, rights, and jurisdiction and its implications for the future of democratic governance within and across borders.
Introduction. Lawless zones, rightless subjects Ayelet Shachar and Seyla
Benhabib; Part I. Territoriality and Rights Protection:
1. Moving borders,
refugee protection, and immigration policy Hiroshi Motomura;
2. Cease fires:
temporality, bordering, and climate mobilities Elizabeth F. Cohen;
3. Safe
third country: democratic responsibility and the ends of international human
rights Paul Linden-Retek;
4. The role of proximity for states' obligations
toward persons seeking protection Dana Schmalz;
5. The border within:
Mobility, stereotypes, and the case for asylum seekers as migrants Frédéric
Mégret; Part II. New Geographies of Borders: Territory, Land, and Water:
6.
The border as accordion: linear borders, territoriality, and the problem of
naturalness Matthew Longo;
7. The materiality of territory Nishin Nathwani;
8. Territoriality from the sea: political action in a world of vanishing
exteriority Itamar Mann;
9. Forced migrants, human rights, and climate
refugees Michael W. Doyle; Part III. Public Territories and Private Borders:
tracing Transnational Power Relations:
10. From the colony to the border: the
lawful lawlessness of racial violence Ayten Gündodu;
11. Private borders,
hidden territories Anna Jurkevics;
12. Cycles of (im)mobility: floating
populations in the case of Turkey Sibel Karada;
13. UNHCR and biometrics:
refugees' rights in a legal no-man's land? Marie-Eve Loiselle; Part IV.
Democratizing Shifting Borders:
14. Three responses to shifting borders:
sovereigntism, democratic cosmopolitanism, and the watershed model Paulina
Ochoa Espejo;
15. Shifting borders, shifting political representation Svenja
Ahlhaus;
16. Justice and democracy in migration: a demoi-cratic bridge
towards just migration governance Eva-Maria Schäfferle; Bibliography.
Seyla Benhabib is Senior Research Scholar and Adjunct Professor of Law at Columbia Law School, and Eugene Meyer Professor of Political Science and Philosophy Emerita at Yale University. She is an internationally recognized political philosopher whose work on critical theory, Hannah Arendt, democracy, and feminist theory has been translated into fourteen languages. Her book The Rights of Others: Aliens, Citizens and Residents (Cambridge, 2004) won the Ralph Bunche Award of the American Political Science Association. She is the recipient of the Erst Bloch, Leopold Lucas, and Meister Eckhart prizes, as well as being a member of the American Academy of Arts and Science and the British Academy. Her latest book is, Exile, Statelessness and Migration: Playing Chess with History from Hannah Arendt to Isaiah Berlin (2018). Ayelet Shachar is the Irving Tragen Chair in Comparative Law at the University of California, Berkeley, and former Director of the Max Planck Institute for the Study of Religious and Ethnic Diversity. She is the author of field-defining books on citizenship theory, migration law, cultural diversity and women's rights, and new border regimes including, most recently, The Shifting Border: Legal Cartographies of Migration and Mobility (2020). Her research has influenced law and policymakers and she has provided pro-bono consultation to judges, non-governmental organizations, the European Parliamentary Research Services, and the World Bank. The recipient of numerous excellence awards, Shachar is a Fellow of the Royal Society of Canada, and winner of the Gottfried Wilhelm Leibniz Prize.
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