1st Edition
Can Human Rights and National Sovereignty Coexist?
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
Biography
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.
This volume addresses one of the most vital questions of modern law and justice: How can we reconcile the universal and transcendent value of human rights with the more local national communities that bring so much meaning and security to our lives? Tetsu Sakurai and Mauro Zamboni have gathered the most thoughtful and learned scholars from Asia, Europe, and America to consider these important questions from slightly different perspectives, yielding a subtle and valuable consensus on many points, while indicating interesting paths for future reflection. This study will be of great value to anyone who seeks global justice in our necessarily diverse and multipolar world.
Mortimer Sellers, Regents Professor of the University System of Maryland and Former President of the International Association for Philosophy of Law and Social Philosophy (IVR)
Migration and integration are very topical global challenges that raise a multitude of pressing legal and ethical questions. The anthology brings together ten essays by leading international scholars who explore the tension between human rights and national sovereignty from different perspectives. The combination of theoretical analysis and case studies makes reading extremely worthwhile for anyone interested in global migration issues.
Frank Dietrich, Professor of Political Philosophy and Ethics, Heinrich Heine University Düsseldorf
