'Within Its Jurisdiction': Moving Boundaries, People, and the Law of Migration

Resnik, Judith

doi:10.2139/ssrn.2825134

SSRN Journal

2016

DOI: 10.2139/ssrn.2825134

|View full text |Cite

'Within Its Jurisdiction': Moving Boundaries, People, and the Law of Migration

Judith Resnik

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2020

Publication Types

Select...

Article1

Relationship

Self Cite0

Independent1

Authors

Journals

Cited by 1 publication

(1 citation statement)

References 33 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…ST/ESA/SER.A/404, 2017 . For an analysis of developments leading to securitization and criminalization of migratory movements even before the advent of the Trump regime, see J. Resnik 2016 , 117–159. See S. Ghosh 2020 for the historical interdependence of detention and interdiction measures.…”

mentioning

confidence: 99%

The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights

Benhabib

2020

Jus Cogens

View full text Add to dashboard Cite

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socioeconomic developments and the rise of the worldwide web have led to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens' rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end.

show abstract

mentioning

confidence: 99%

The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights

Benhabib

2020

Jus Cogens

View full text Add to dashboard Cite

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

hi@scite.ai

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

'Within Its Jurisdiction': Moving Boundaries, People, and the Law of Migration

Cited by 1 publication

References 33 publications

The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights

The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights

Contact Info

Product

Resources

About