Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

论我国移民、非法移民概念的界定

我国现行法律、法规中没有关于移民、非法移民的相关规定,学界的相关研究也大多是研究中国作为移民输出国的移民问题,涉及中国作为移民输入国的移民问题,特别是其中非法移民问题的成果少见。研究我国外来非法移民的相关问题,必须从法律上界定“非法移民”的概念,这就必须首先界定”移民”的概念;同时,还必须进一步理解“非法移民”与“三非人员”、“难民”等相关概念的关系。     

The Use and Misuse of 'National Security' Rationale in Crafting U.S. Refugee and Immigration Policies

Since the terrorist attacks of 11 September 2001, U.S. immigrationand refugee policy has developed based on narrow and evolvingtheories of ‘national security’. Immigration reformlegislation, federal regulations, and administrative policychanges have been justified in terms of the nation's safety.On 1 March 2003, the U.S. Immigration and Naturalization Service(INS) was folded into the massive new U.S. Department of HomelandSecurity (DHS), formally making immigration a homeland defenseconcern. Counterterror and immigration experts increasingly agree onwhat constitute effective and appropriate immigration policyreforms in light of the terrorist threat. Unfortunately, manyof the post-September 11 policy changes do little to advancepublic safety and violate the rights of refugees and asylumseekers. These include reductions in refugee admissions, thecriminal prosecution of asylum seekers, the blanket detentionof Haitians, and a safe third-country asylum agreement betweenthe United States and Canada. Other measures offend basic rightsand may undermine counterterror efforts. These include ‘preventive’arrests, closed deportation proceedings, and ‘call-in’registration programs. This article reviews post-September 11 U.S. policy developmentsbased on their impact on migrant rights and their efficacy ascounterterror measures. It argues for a more nuanced and rigoroussense of ‘national security’ in crafting refugeeand immigration policy.     

Immigration and its Imperatives

Conflict and compromise have marked domestic immigration and asylum law in many countries. In examining whether these patterns will be replicated at the level of the EU, this article proposes an alternative method for analysing immigration law and its politics, framing them within the complex interaction of the interpretations by key actors of the imperatives of the State, the EU, and the legal sphere. An account of the functional, normative and polity legitimating imperatives, their specific manifestations in different spheres, and their interaction in the field of immigration and asylum is sketched. This politically-grounded analysis explains more clearly the structure of conflict and compromise that characterises this sphere, illuminates the judicial strategies in this field and enables us to speculate upon the probable future of EU immigration and asylum law.     

Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America—An Introductory Critique

The inspiration for this special issue came from our observation that the British and American approaches to family policy in general, and to marriage and cohabitation in particular, set them apart from their closest neighbors in Europe and North America, respectively. While certain demographic trends can be observed across the Western world, the response of Britain and the United States to such trends differs significantly from that of other jurisdictions in terms of family policy.     

The Immigration and Asylum Agenda

Abstract: An area of freedom, security and justice was created by the Treaty of Maastricht of 1991/1993. Immigration and asylum of third‐country nationals was inserted into Title IV EC by the Treaty of Amsterdam of 1997/1999. The European Council of Tampere of October 1999 provided a substantive input. The proposals of the European Commission cover almost all aspects of immigration and asylum and, in line with the Tampere conclusions, are oriented at the status of EU citizens. A common European migration and asylum policy has been realised at an astonishing speed, though some core instruments have not yet been adopted. During the negotiations the proposals have been watered down and thus provide only relatively low standards, in particular as regards access to employment, which is an important requisite for the integration of migrants.     

The Contradictions of Immigration Lawmaking: The Immigration Reform and Control Act of 1986

This paper argues that the Immigration Reform and Control Act of 1986 is a composite of contradictory measures. On one hand, employer sanctions are meant to curtail the employment of undocumented workers and preserve the U.S. labor market for legal residents and citizens; on the other hand, special foreign worker programs are designed to enhance the supply of immigrant workers. In an effort to make sense of these contradictions, the author places the legislation in historical context and proposes a dialectical model of immigration policymaking.     

Regulation of Cohabitation, Changing Family Policies and Social Attitudes: A Discussion of Britain Within Europe

This article considers the differing legal and policy responses to the common trends of family restructuring away from marriage within Britain and Europe. Conceding that Europe is in the process of losing heterosexual marriage as a universal epicenter of family law at the very time when legal harmonization within Europe is being promoted, it goes on to explore the best way forward for regulating same- and different-sex cohabiting couples. It concludes that the legal response to these trends should be "de-moralized" but principled. A plurality of legal regulative structures to accommodate the now diverse family forms that are found within our less marriage-centric societies should be put in place providing at least some default protection for all families, yet allowing people to opt out and make their own arrangements.     

Immigration and Terrorism: A Constructed Connection

In the aftermath of 9/11 several European countries intensified their counter-terrorism policy. This article refers to the Spanish response to the terrorist attacks in the USA and Madrid, with special attention paid to the consequences that (illegal) immigrants faced in relation to their rights. This collective is often depicted in public opinion as “folk devils” in the terminology of the Moral-Panics Theory. Using the latter as a model, this paper establishes that the connection between counter-terrorism policy and more restrictive legislation for foreigners is a construction, which is either insufficient or not satisfactorily explained by the social actors who propose it. The result is a policy that limits the immigrants’ liberty without necessarily making the rest safer.     

Immigration,Association, and the Family

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens.     

Between Immigration and Policing: Cross Recognition

Abstract: This article looks at the development of the UK's policies towards asylum‐seekers who are to be returned to some country other than the one where they fear persecution (its ‘safe third country’ policy). The Dublin Convention of 1990 addressed some of the problems which this policy created, but left others unresolved. Domestic legislation has progressively reduced the opportunities for challenging safe third‐country removals, especially to an EU state. The incorporation of the European Convention on Human Rights into UK law has generated new possibilities for challenging safe third‐country decisions where removal might damage physical or mental health. Articles 3 and 8 have been invoked in particular. The Dublin machinery established ‘rules’ to decide which member state was responsible for considering the asylum claim and the procedure to be followed. The article examines why the UK courts have said that these provisions are not justiciable in the English courts. Finally the article considers whether the experience with Dublin provides any useful guidance as to the approach that will be taken to European arrest warrants and extradition requests.     

Immigration and the emergence of right-wing violence in unified Germany

The articles that make up this special issue were all derived from presentations at a conference that took place at the Pennsylvania State University in the Fall of 1993. This paper presents an overview of the themes and issues discussed at that conference. While the conference was broadly international, co-sponsored by Penn State University and the Max-Planck-Institut and supported financially by the DAAD, the articles included in this special issue focus principally on the nature and amount of hate crimes and xenophobia in Germany. This article describes the international and comparative nature of the conference and explains the decision to focus on the German situation.     

跨文化交往：多元化模式与普世性价值观

不同文化之间的交流有着漫长的历史,跨文化交往是这一发展过程的最高形式.受历史、社会、文化等因素的影响,跨文化交往形成了多种模式.不同文化的价值观对这种多元化模式的形成起到了至关重要的作用,这些模式也反映了各自的价值观.跨文化交往既要推进本文化的发展,维护本文化的价值观,同时还应该在交往过程中努力创造新的、为所有交往参与者所共同接受的价值观,即普世性价值观.这种价值观应该以维护、促进不同文化之间的交往为目的,以和平、平等、协商为主要内容.     

Eco-Compensation Policies and Mechanisms in China

In recent years, China has felt the urgent need to address the ecological issues caused by its rapid economic growth. In doing so, one challenge it faces is how to address the interests of the various stakeholders involved. To this end, the Government of China at various levels has been exploring and implementing policies, measures and projects that serve as mechanisms or measures of eco-compensation. This article attempts to capture some of the key policies and practices established to date in China. The article concludes by outlining China's possible future priority actions in eco-compensation and key challenges ahead.     

The Politics of Difference: Statehood and Toleration in a Multicultural World

The author identifies four possible attitudes of tolerance toward groups with different ways of life: resignation, indifference, curiosity and enthusiasm. He explores the potential for these attitudes and concludes by discussing the role of boundaries within communities in modernism and postmodernism. The author is not going to focus on toleration of eccentric or dissident individuals in civil society; he is interested in individual rights primarily when they are exercised in common—in the course of voluntary association or religious worship or cultural elaboration—or when they are claimed by groups on behalf of their members.