Virtual Library

This paper addresses the recognition in cosmopolitan debate of a possible disjuncture between the normative ideal of cosmopolitanism and its realization in practice. Taking as its focus the potential conflict between human rights commitments and national concern about immigration control, it reflects on a series of legal challenges to UK government attempts to withdraw support from asylum seekers who do not claim on entry into the country. Set in the context of socio-legal theory, these cases are analysed for signs of a ‘national’ or ‘cosmopolitan’ paradigm in judicial interpretation, and considered as a possible instance of reflexive judgment, espoused as a feature of cosmopolitanism.

This article conducts a critical discourse analysis of the Hungarian government’s National Consultation campaign on ‘immigration and terrorism’ in early 2015. The analysis draws on a discourse-historical approach to illuminate how the language and contents of the consultation draw on the discursive and political repertoires of the post-2010 Orbán governments and how, at the same time, they are underpinned by particular elements in the history of migration and diversity in Hungary. The consultation framed immigration as both an economic and security threat and conflated asylum seekers, economic migrants and terrorists, as well as regular and irregular migration. Nevertheless, these discourses would later feed into the government’s response to the large number of asylum seekers who entered the country in the summer of 2015 and would be used to legitimize the actions subsequently taken to tackle what would internationally come to be defined as a ‘crisis’.

This article deals with the problems of North Korean defectors currently living in South Korea. In the past, most such defectors came from privileged groups in the North Korean population, and their adjustment to the new environment did not pose a significant problem. However, from the mid-1990s, defectors began to come from the far less privileged groups. They experience serious problems related to jobs, education, crime, and social adjustment. Recent years have seen a dramatic but not always openly stated change in the official South Korean attitude toward defectors: from a policy explicitly aimed at encouraging defection, Seoul has moved to the policy of quietly discouraging it. There are fears that encouraging defection will undermine the policy of peaceful engagement with the North. There is also the perception that refugees are outsiders, not quite adjustable to the conditions of South Korean society and thus a social and budgetary burden.

Paper discussing issues such as: the Rios Montt Government’s counterinsurgency campaign, internal and external refugees as of November 1982, findings of Americas Watch March 1983, Mission to Chiapas, Mexico, direct testimony of Guatemalan refugees, the activities of civil patrols, the Parraxtut incident, the growing refugee populations and Guatemalan Army harassment and surveillance of refugees in Mexico. 

Since the Treaty of Westphalia in 1648 the refugee regime has evolved with our modern state system, reflecting changes in international law, politics, economics and ideology. Responding to a history of religious and political persecutions, a comprehensive refugee regime finally emerged under the League of Nations after World War I. This regime underwent dramatic change during World War II to create a permanent framework to cope with the refugee problem through the United Nations High Commissioner for Refugees and the UN Convention Relating to the Status of Refugees. The Cold War had an overwhelming influence on the norms and rules of this regime, and in the post‐Cold War era the regime has struggled to reflect and adapt to emerging global concerns — from internally displaced persons to gender and race distributional issues. As UNHCR is forced to reconsider its definitions, laws, and policies, the larger evolving regime must give way to a form of global governance in which the international authority of the UN body has more meaningful influence on the implementation of national law and policy.

Increasingly hard-line and restrictive asylum policies and practices of many governments call into question the scope of protections offered by the 1951 Convention relating to the Status of Refugees. Has the focus on the 1951 Convention been to the detriment and subordination of other rights and standards of treatment owed to refugees and asylum-seekers under international human rights law? Which standard applies in the event that there is a clash or inconsistency between the two bodies of law? In analysing the interface between international refugee law and international human rights law, this article looks at the right to family life and the right to work. Through this examination, content and meaning is offered to the almost forgotten component of the right ‘to enjoy’ asylum in Article 14(1) of the Universal Declaration of Human Rights 1948.

Although the Refugee Convention and European asylum legislation state that decisions regarding asylum applications should be determined solely based on persecution and other human rights violations, the outcomes of asylum procedures may be subject to socioeconomic selectivity. This article is the first to analyse whether the human and social capital of asylum-seekers affect the results of decisions regarding their asylum applications and the length of asylum procedures based on a comprehensive longitudinal survey of 5,300 refugees in Germany. We find that socioeconomic and social capital resources increase the probability of approval of asylum applications and reduce the length of asylum procedures. Moreover, human capital is particularly rewarding for asylum-seekers from countries subject to severe political and civil rights violations, whereas social networks are more conducive when the case for protection is rather difficult to prove. Finally, asylum-seekers with a higher socioeconomic status before migration seem to be better positioned to efficiently instrumentalize social networks during the asylum process. Throughout the analysis, we control for variables that capture the violation of human rights and other forms of violence, changes in asylum policies and country-of-origin-specific fixed effects. The results are robust to different specifications and are representative for asylum-seekers arriving in Germany between 2013 and 2016. Altogether, similar to other claim-making processes, the asylum process seems to promote social inequality due to socioeconomic and social capital resources.

How do bureaucracies pattern durable inequalities? Predominant approaches emphasize the role of administrative categories, which prioritize certain populations for valued resources based on broader regimes of human worth. This article extends this body of work by examining how categorical inequalities become embedded within administrative infrastructures and institutional pathways. I develop this argument through a case study of the United States’ refugee resettlement program. Drawing together previously unseen government statistics, expert interviews, and documentary analysis, I show that U.S. resettlement is organized through administrative pipelines that create path dependent imbalances in the distribution of scarce resettlement spaces. Social and political logics of immigrant worthiness are important, yet a full understanding of these imbalances requires attention to the tendency of pipelines to become self-reproducing. I identify three factors that account for this tendency: calculative rationales, administrative reactivity, and structured visibility. This three-part conceptualization of pipelines can be applied to other institutional contexts to study the origins, dynamics, and durability of social inequalities. My findings also demonstrate the analytically autonomous role of policy administration in shaping ethnoracial imbalances in immigrant selection.

In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citizenship, the integration of immigrants, temporary workers, irregular migrants and the admission of family members and refugees. Working within the moral framework provided by liberal democratic values, he argues that some of the practices of democratic states in these areas are morally defensible, while others need to be reformed. In the last part of the book he moves beyond the currently feasible to ask questions about immigration from a more fundamental perspective. He argues that democratic values of freedom and equality ultimately entail a commitment to open borders. Only in a world of open borders, he contends, will we live up to our most basic principles. Many will not agree with some of Carens' claims, especially his controversial conclusion, but none will be able to dismiss his views lightly. Powerfully argued by one of the world's leading political philosophers on the issue, The Ethics of Immigration is a landmark work on one of the most important global social trends of our era.

This article examines the disjuncture between the theory of international refugee protection, human rights and citizenship rights and their practice. Drawing on data from a sub-sample of 500 Zimbabwean migrants taken from a larger survey of 1000 Zimbabweans in South Africa and the UK, it explores the labour market and transnational lives of undocumented migrants and compares them with migrants with other immigration statuses. The article demonstrates that while the protection and rights frameworks exist, in reality undocumented migrants cannot access protection and/or rights.