Sovereignty, Migration and the Rule of Law in Global Times

28 Pages Posted: 10 Aug 2004  

Catherine Dauvergne

University of British Columbia - Faculty of Law

Abstract

This article argues that in the present era of globalisation, control over the movement of people has become the last bastion of sovereignty. This is important both to theoretical accounts of globalisation and to policy decisions by governments. Nation states threatened with loss of control in other realms are implementing a variety of 'crackdown' measures in questions of immigration. Issues of refugee law, illegal migration and skilled migration each challenge sovereignty in specific ways. While international human rights standards have made few inroads in questions of migration, recent decisions in England and Australia suggest that the rule of law may be emerging as a counter to traditional executive free reign in matters of migration law.

Suggested Citation

Dauvergne, Catherine, Sovereignty, Migration and the Rule of Law in Global Times. Modern Law Review, Vol. 67, No. 4, pp. 588-615, July 2004. Available at SSRN: https://ssrn.com/abstract=558892

Catherine Dauvergne (Contact Author)

University of British Columbia - Faculty of Law ( email )

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Vancouver, British Columbia V6T 1Z1
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