Can Human Rights and National Sovereignty Coexist?

Looking at two of the key paradigms of the post-Cold War era - national sovereignty, and human rights - this book examines the possibilities for their reconciliation from a global perspective. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource.

List of contents

Introduction
Tetsu Sakurai
Part 1 Tension between National Sovereignty and Rights of Immigrants
1. Human Rights to Asylum and Non-Refoulement: Rights of Expulsi and Suppliants in the System of Natural and Volitional Law Formulated by Hugo Grotius
Rainer Keil
2. Self-determination and Immigration Control: A Critique
Kevin Ip
3. International Borders, Immigration and Nondomination
Joshua Kassner
Part 2 State Legislation and the Statuses of Immigrants
4. Law-Making to Face the Migration Crisis: Developing Legislative Policy (Analysing the Swedish Case)
Mauro Zamboni
5. Can the Law Create Discrimination? Migration, Territorial Sovereignty and the Search for Equality
Valeria Marzocco
6. The Gap between Constitutional Rights and Human Rights: The Status of 'Foreigners' in Constitutional Law and International Human Rights Law
Akiko Ejima
Part 3 Human Rights and Border Control
7. From Formalist Circumvention to Substantive Fulfilment: Taking Human and Fundamental Rights Seriously in European Migration Policy
Frederik von Harbou
8. Does International Human Rights Protection Trigger a Copernican Revolution for Immigration Law?
Stefan Schlegel
9. Migration, Neighbourliness, and Belonging
Steven Scalet
10. Reflective Inclusiveness as a Bridge between Human Rights and Nationalistic Attachment
Tetsu Sakurai
Conclusion
Mauro Zamboni

About the author

Tetsu Sakurai is Professor of Contemporary Jurisprudence in the Graduate School of Intercultural Studies at Kobe University, Japan.
Mauro Zamboni is Professor in Legal Theory at the Faculty of Law, Stockholm University, Sweden.

Summary

Looking at two of the key paradigms of the post-Cold War era – national sovereignty, and human rights – this book examines the possibilities for their reconciliation from a global perspective. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource.

Product details

• Authors: Tetsu (Kobe University Sakurai
• Assisted by: Tetsu Sakurai (Editor), Mauro Zamboni (Editor), Zamboni Mauro (Editor)
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Paperback / Softback
• Released: 19.12.2024
• EAN: 9780367609665
• ISBN: 978-0-367-60966-5
• No. of pages: 278
• Series: Global Perspectives on Immigration and Multiculturalisation
• Subjects: Natural sciences, medicine, IT, technology > Geosciences > Geography; Social sciences, law, business > Political science > Political science and political education; Human Rights, PHILOSOPHY / Social, PHILOSOPHY / Political, POLITICAL SCIENCE / Human Rights, PHILOSOPHY / Ethics & Moral Philosophy, SOCIAL SCIENCE / Regional Studies, LAW / International, POLITICAL SCIENCE / Civil Rights, International Law, Social & political philosophy, Ethics & moral philosophy, social and political philosophy, Regional Studies, Ethics and moral philosophy, Regional / International studies, Civil rights & citizenship, Human rights, civil rights