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Making Migration Law: The Foreigner, Sovereignty, and the Case of Australia

Lester, Eve

978 1 107 17327 9
List price(s):
125.00 USD
95.00 GBP
110.87 EUR

Publication date:
22 March 2018

Short description: 

This thought-provoking study examines the backstory and enduring contemporary effects of Australia's claim to an absolute right to exclude foreigners.

Full description: 

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.

Table of contents: 

1. Introduction; Part I: 2. Early international law and the foreigner; 3. A common law doctrine of sovereignty; 4. A constitutionalisation of sovereignty; Part II. Introduction: 5. Mandatory detention; 6. Planned destitution; 7. Conclusion; Epilogue; Index.




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