Sovereignty, Migration and the Law

The Exclusion of Non-Citizens

Patricia Rushton

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Hardback

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English

Routledge
31 December 2024

Globalization; International relations; Political economy; International law; Asylum law

This book examines how states justify the creation of physical, policy and legislative barriers of entry for migrants by drawing on a concept of sovereignty.

The movement of people across the world in search of refuge from persecution, war and poverty is accelerating. And as states confronted with this movement create physical, policy and legislative barriers to entry, they justify this exclusion by drawing on concepts of sovereignty. This book interrogates that justification in an historical and theoretical context using the case study of Australian law and policy since 1900, as well as instances from other Western countries that have routinely copied from Australia. But just as Australian migration polices are being replicated in the US, Britain and Europe, so, this book argues, is their employment of an anachronistic concept of sovereignty: one that is reasserted precisely because of its waning power in the face of globalisation.

This book will be an important resource for law and political science scholars, researchers and students in the fields of migration and refugee law and policy, as well as to professional policy makers, government institutions, lawyers and international agencies with a particular focus on those fields.

By: Patricia Rushton
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781032849676
ISBN 10: 1032849673
Pages: 268
Publication Date: 31 December 2024
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Part One: The Theoretical, International and Historical Context 1 Introduction 2 Defining Sovereignty at the Nexus of Globalisation and Migration 3 Globalisation as a Threat to Sovereignty in the 21st Century 4 Migration Law and Sovereignty in Australia: 1901, 1958, 1978 Part Two: How Sovereignty is Used to Justify Exclusion 5 The Clash of Neoliberalism and Sovereignty 6 Sovereignty to Justify ‘Keeping Out’ and ‘Kicking Out’ 7 Values Revealed: Australian Values and Amendments to the Migration Act 1958, 2000–2020 Part Three: The Anachronism of a Sovereignty that Justifies Exclusion 8 Sovereignty of Exclusion and the Rule of Law 9 Conclusion

Patricia Rushton is a barrister and solicitor of the Supreme Court of South Australia and of the High Court of Australia and practices law at Beena Rezaee Legal and Migration. She is also an occasional lecturer at the College of Business Government and Law, Flinders University, Australia.

Reviews for Sovereignty, Migration and the Law: The Exclusion of Non-Citizens

""This is a sophisticated and practically important body of work that I think will interest a cross-section of scholars, bureaucrats, and anyone interested in the migration and asylum seeker regime. It deserves to be read and analysed by others."" Afshin Akhtar-Khavari, Professor of International Law, Queensland University of Technology, Australia.