Lawless Zones, Rightless Subjects

Erscheinungsjahr 2025
ISBN: 978-1-009-51281-7
Verlag: Cambridge University Press

Buch, Englisch, 330 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 692 g

Responding to ever-increasing pressures of migration, states, supranational, and subnational actors deploy complex moves and maneuvers to reconfigure borders, rights, and territory, giving rise to a changing legal cartography of international relations and international law. The purpose of this volume is to study this new reconfiguration of rights, territoriality, and jurisdiction at the empirical and normative levels and to examine its implications for the future of democratic governance within and across borders. Written by a diverse and accomplished group of scholars, the chapters in this volume employ legal, historical, philosophical, critical, discursive, and postcolonial perspectives to explore how the territoriality of the modern states – ostensibly, the most stable and unquestionable element undergirding the current international system – has been rewritten and dramatically reimagined. This title is also available as Open Access on Cambridge Core.

Autoren/Hrsg.

Benhabib, Seyla

Shachar, Ayelet

Inhaltsverzeichnis

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 Gündogdu; 11. Private borders, hidden territories Anna Jurkevics; 12. Cycles of (im)mobility: floating populations in the case of Turkey Sibel Karadag; 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.

Über Autor(innen)

Benhabib, Seyla
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).

Shachar, Ayelet
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.