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Making Migration Law - The Foreigner, Sovereignty, and the Case of Australia (Paperback)
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Making Migration Law - The Foreigner, Sovereignty, and the Case of Australia (Paperback)
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The emergence of international human rights law and the end of the
White Australia immigration policy were events of great historical
moment. Yet, they were not harbingers of a new dawn in migration
law. This book argues that this is because migration law in
Australia is best understood as part of a longer jurisprudential
tradition in which certain political-economic interests have shaped
the relationship between the foreigner and the sovereign. Eve
Lester explores how this relationship has been wrought by a
political-economic desire to regulate race and labour; a desire
that has produced the claim that there exists an absolute sovereign
right to exclude or condition the entry and stay of foreigners.
Lester calls this putative right a discourse of 'absolute
sovereignty'. She argues that 'absolute sovereignty' talk continues
to be a driver of migration lawmaking, shaping the
foreigner-sovereign relation and making thinkable some of the
world's harshest asylum policies.
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