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English
Cambridge University Press
09 January 2025
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.
Edited by:   , ,
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
ISBN:   9781009512848
ISBN 10:   1009512846
Pages:   374
Publication Date:  
Audience:   College/higher education ,  Further / Higher Education
Format:   Paperback
Publisher's Status:   Active
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 Gündoğdu; 11. Private borders, hidden territories Anna Jurkevics; 12. Cycles of (im)mobility: floating populations in the case of Turkey Sibel Karadağ; 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.

Reviews for Lawless Zones, Rightless Subjects: Migration, Asylum, and Shifting Borders

'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 Collège 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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