Migration in the globalization script

Catherine  Dauvergne

doi:10.1017/CBO9780511810473.004

3 - Migration in the globalization script

Published online by Cambridge University Press: 05 June 2012

Catherine Dauvergne

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Catherine Dauvergne: Affiliation:
University of British Columbia, Vancouver

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Summary

The intertwining of sovereignty and illegal migration presented in Chapter 2 is intelligible against a backdrop of the changes that have accompanied the recent era of globalization. This chapter is devoted to demonstrating why migration law is an ideal setting for understanding and testing the nature of globalization. In order to do this, I examine two relationships. The first is that of globalization and the law and the second is that of nation and migration. The increasing focus on migration regulation, resulting in heightened attention to illegal migration, is situated at the intersection of these two relationships.

The argument proceeds by first considering globalization. To make sense of the burgeoning literature of globalization, I isolate four central concerns that permeate discussions of globalization. The next step is to consider where migration law fits into the story of how law writ large is situated within globalization. This involves solving the riddle of how migration can be viewed as a paradigmatic global event yet migration law can have little role in legal conceptualization of globalization. Having canvassed the terrain in these two areas, the chapter then turns to explaining why migration law is an ideal laboratory for observing globalization because of how it relates to the central debates of the theoretical cacophony about globalization. This requires a reexamination of the traditional role migration law has played over the past century and the specific challenges that the contemporary pace and nature of change bring to this role.

Type: Chapter
Information: Making People Illegal
What Globalization Means for Migration and Law
, pp. 29 - 49

DOI: https://doi.org/10.1017/CBO9780511810473.004 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2008

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References

Ritzer's, George account of globalization is the “McDonaldization” thesis; The McDonaldization of Society (Thousand Oaks, Calif.: Pine Forge Press, 2004)Google Scholar

Barber's, Benjamin influential treatise uses the same title device Jihad vs. McWorld (New York: Times Books, 1995).Google Scholar

Ohmae, Kenichi, The End of the Nation State: The Rise of Regional Economies (London: Harper Collins, 1995)Google Scholar

Reich, Robert B., The Work of Nations: Preparing Ourselves for 21st Century Capitalism (London: Simon & Schuster, 1983).Google Scholar

Giddens, Anthony, The Consequences of Modernity (Stanford: Stanford University Press, 1990).Google Scholar

Giddens, Anthony, Runaway World: How Globalization is Reshaping Our Lives (New York: Routledge, 2000) at 29–30Google Scholar

Gill, Stephen, “Globalization, Market Civilization, and Disciplinary Neo-liberalism,” (1995), 24 Millennium3.CrossRef Google Scholar

Held, David, and McGrew, Anthony, “Globalization and the Liberal-Democratic State,” in Sakamoto, Yoshikazu, ed., Global Transformation: Challenges to the State System (Tokyo and New York: United Nations University Press, 1994).Google Scholar

Held, David et al., eds., Global Transformations: Politics, Economics, and Culture (Cambridge: Polity Press, 1999)

Lechener, Frank, and Boli, John, eds., The Globalization Reader (Malden: Blackwell Publishing, 2004)Google Scholar

Held, David, Barnett, Anthony, and Henderson, Caspar, eds., Debating Globalization (Cambridge: Polity Press, 2005).

Goldman, David B., “Historical Aspects of Globalization and Law” in Dauvergne, Catherine, ed., Jurisprudence for an Interconnected Globe (Aldershot: Ashgate Press, 2003) 43Google Scholar

Weiss, Linda, The Myth of the Powerless State: Governing the Economy in a Global Era (Cambridge: Polity Press, 1998) at 195.Google Scholar

Hirst, Paul and Thompson, Grahame, Globalization in Question: The International Economy and the Possibilities of Governance, 2nd ed. (Malden, Mass.: Polity Press, 1999)Google Scholar

“The Limits of Globalization: Questions for Held and Wolf” in Held, David et al., eds., Debating Globalization: Politics, Economics, and Culture (Cambridge: Polity Press, 2005) at 52

Ruggie, John Gerrard, “Territoriality and Beyond: Problematizing Modernity in International Relations,” (1993), 47 International Organization139CrossRef Google Scholar

Jayasuriya, Kanishka, “Globalization, Law, and the Transformation of Sovereignty: The Emergence of Global Regulatory Governance” (1999), 6 Indiana Journal of Global Legal Studies425Google Scholar

MacCormick, Neil, “Beyond the Sovereign State,” (1993), 56 Modern Law Review1CrossRef Google Scholar

Hurrell, Andrew and Woods, Ngaire, “Globalization and Inequality,” (1995), 24 Millennium447CrossRef Google Scholar

Bond, Patrick, “Top Down or Bottom Up? A Reply,” in Held, David et al., eds., Debating Globalization (Cambridge: Polity Press, 2005) at 82Google Scholar

Young, Tom, “‘A Project to be Realized’: Global Liberalism and Contemporary Africa,” (1995), 24 Millennium527CrossRef Google Scholar

Santos, Boaventura de Sousa, Toward a New Legal Common Sense: Law, Globalization, and Emancipation, 2nd ed. (London: Butterworths LexisNexis, 2002) at 445Google Scholar

Held, David, Global Covenant: The Social Democratic Alternative to the Washington Consensus (Cambridge and Malden, Mass.: Polity Press, 2004)Google Scholar

Slaughter, Anne-Marie, A New World Order (Princeton: Princeton University Press, 2004)Google Scholar

Gessner, Volkmar, and Budak, Ali Cem, eds., Emerging Legal Certainty: Empirical Studies on the Globalization of Law (Aldershot and Brookfield, USA: Ashgate Publishing, 1998)

Wiener, Jarrod, Globalization and the Harmonization of Law (London and New York: Pinter, 1999)Google Scholar

Lewis, N. Douglas, Law and Governance: The Old Meets the New (London: Cavendish, 2001)Google Scholar

Mendes, Errol and Mehmet, Ozay, Global Governance, Economy, and Law: Waiting for Justice (London and New York: Routledge, 2003)CrossRef Google Scholar

Wolf, Ronald Charles, Trade, Aid, and Arbitrate: The Globalization of Western Law (Aldershot and Burlington: Ashgate Publishing, 2004)Google Scholar

Brenda-Beckmann, Franz, Brenda-Beckman, Keebet, and Griffiths, Anne, eds., Mobile People, Mobile Law: Expanding Legal Relations in a Contracting World (Aldershot and Burlington: Ashgate Publishing, 2005)

Brysk, Alison and Shafir, Gershon, eds., People Out of Place: Globalization, Human Rights, and the Citizenship Gap (New York: Routledge, 2004)

Twining, William in “The Province of Jurisprudence Re-examined” in Dauvergne, Catherine, ed., Jurisprudence for an Interconnected Globe (Aldershot: Ashgate Press, 2003) at 13Google Scholar

Dauvergne, Catherine, “New Directions for Jurisprudence” in Dauvergne, Catherine, ed., Jurisprudence for an Interconnected Globe (Aldershot: Ashgate Press, 2003) at 1Google Scholar

Globalisation and Legal Theory (London: Butterworths, 2000)

Toward a New Legal Common Sense (London: Routledge, 1995)

Law Against Law: Legal Reasoning in Pasargada Law (Cuernavaca: Centro Intercultural de Documentacion, 1974)

“The Law of the Oppressed: The Construction and Reproduction of Legality in Pasargada” (1977), 12 Law and Society Review5CrossRef

Fuller, Lon L., The Morality of Law, rev. ed. (New Haven and London: Yale University Press, 1969)Google Scholar

Joerges, Christian, and Singh, Navraj, eds., Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism over Europe and Its Legal Traditions (Oxford: Hart Publishing, 2003)

Fitzpatrick, Peter makes this argument is Modernism and the Grounds of Law (Cambridge and New York: Cambridge University Press, 2001)CrossRef Google Scholar

Fitzpatrick, Peter, “‘We Know What It Is When You Do Not Ask Us’: The Unchallengeable Nation,” (2004), 8 Law/Text/Culture263Google Scholar

Fitzpatrick, Peter, “‘Gods Would Be Needed…’ American Empire and the Rule of (International) Law,” (2003), 16 Leiden Journal of International Law429CrossRef Google Scholar

Fitzpatrick, Peter, “Bare Sovereignty: Homo Sacer, and the Insistence of Law,” in Norris, Andrew, ed., Politics, Metaphysics, and Death: Essays on Giorgio Agamben's Homo Sacer (Durham: Duke University Press, 2005) 49CrossRef Google Scholar

Fitzpatrick, Peter, “Introduction” in Fitzpatrick, Peter, ed., Nationalism, Racism, and the Rule of Law (Aldershot: Dartmouth Press, 1995)Google Scholar

Held, David and McGrew, Anthony, “People on the Move: Globalization and Migration” in Held, David et al., eds., Global Transformations: Politics, Economics, and Culture (Cambridge: Polity Press, 1999)Google Scholar

Held, David, and McGrew, Anthony, Globalizaton/Anti-Globalization (Cambridge and Oxford: Polity Press, 2002) at 39Google Scholar

Sassen, Saskia, Globalization and Its Discontents (New York: The New Press, 1998) at xxiGoogle Scholar

Sassen, Saskia, Losing Control?: Sovereignty in an Age of Globalization (New York: Columbia University Press, 1996)Google Scholar

Smith, Anthony D., National Identity (London and New York: Penguin, 1991) at 40Google Scholar

Gellner, Ernest, Nations and Nationalism (Ithaca, New York: Cornell University Press, 1983)Google Scholar

Anderson, Benedict, Imagined Communities: Reflections on the Origin and Spread of Nationalism (London and New York: Verso, 1991)Google Scholar

Hobsbawn, Eric, and Ranger, Terence, The Invention of Tradition (Cambridge and New York: Cambridge University Press, 1983)Google Scholar

Brubaker, William Rogers, Citizenship and Nationhood in France and Germany (Cambridge, Mass.: Harvard University Press, 1992)Google Scholar

Dauvergne, Catherine, “Beyond Justice: The Consequences of Liberalism for Immigration Law,” (1997), 10 Canadian Journal of Law and Jurisprudence323CrossRef Google Scholar

Dauvergne, Catherine, “Amorality and Humanitarianism in Immigration Law,” (1999), 37 Osgoode Hall Law Journal597Google Scholar

Walzer, Michael, Spheres of Justice: A Defense of Pluralism and Equality (New York: Basic Books, 1983)Google Scholar

“Justice as Fairness: Political not Metaphysical,” (1985), 14 Philosophy and Public Affairs223

Dworkin, Ronald, Law's Empire (Cambridge, Mass.: Harvard University Press, 1986) at 208)Google Scholar

Brawley, Sean, The White Peril: Foreign Relations and Asian Immigration to Australasia and North America 1919–1978 (Sydney: UNSW Press, 1995)Google Scholar

Cronin, Kathryn, “A Culture of Control: An Overview of Immigration Policy-Making” in Jupp, James, and Kabala, Marie, eds., The Politics of Australian Immigration (Canberra: Australian Government Publishing Service, 1993)Google Scholar

Immigration and the Judiciary: Law and Politics in Britain and America (Oxford: Clarendon Press, 1987)

Dauvergne, Catherine, Humanitarianism, Identity and Nation: Migration Laws of Australia and Canada (Vancouver: UBC Press, 2005)Google Scholar

Carens, Joseph, “Aliens and Citizens: The Case for Open Borders,” (1987), 49 The Review of Politics251CrossRef Google Scholar

Shachar, Ayelet, “The Race for Talent: Highly Skilled Migrants and Competitive Immigration Regimes,” (2006), 81 NYU Law Review148Google Scholar