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1.
    
Abstract

Existing political theory, particularly which deals with justice and/or rights, has long assumed citizenship as a core concept. Noncitizenship, if it is considered at all, is generally defined merely as the negation or deprivation of citizenship. As such, it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. This article addresses this critical gap by defining the theoretical problem that noncitizenship presents and demonstrating why it is an urgent concern. It surveys the contributions to the special issue for which the article is an introduction, drawing on cross-cutting themes and debates to highlight the importance of theorising noncitizenship due to both the problematic gap that exists in the theoretical literature, and the real world problems created as a result of noncitizenship which are not currently successfully addressed. Finally, the article discusses key future directions for the theorisation of noncitizenship.  相似文献   

2.
    
Abstract

This paper seeks to analyze a particular form of noncitizenship – arising from legal long-term temporary migration – that is increasingly significant to the contemporary Australian context and to understand some of its consequences. It argues that traditional pathways of permanent settlement and full citizenship are being disrupted by new temporary migration schemes that create ‘middling’ noncitizen subjects who experience ‘patchwork’ rights and statuses across complex and diverse migration pathways. Through a close analysis of policy narratives and discourses, as well as of the existing literature on the social conditions and emerging solidarities of these noncitizens, the paper shows the various ways that noncitizenship is depoliticized and citizenship contractualized in Australia. These entwined processes of depoliticization and contractualization have intimate effects on the lives of noncitizens, and also limit and constrain the emerging solidarities that seek to challenge their exclusion. The analysis has a number of implications for the ongoing study of contemporary transformations in citizenship in other ‘immigrant democracies’ globally.  相似文献   

3.
    
Abstract

International human rights law consists of a body of basic rights and principles that States are to enforce with respect to every person within their borders. The unfortunate reality, however, is that many States are incapable of ensuring the rights of everyone, and in some instances simply do not wish to do so. Accordingly, citizenship serves as an acknowledgment by a State that the status holder is entitled to a higher degree of protection. Conversely, noncitizens may enjoy less rights than citizens, and certain categories of noncitizens frequently find themselves outside of the State’s protection entirely. This article outlines many of the rights that international law directs should be enjoyed by every human being, the factors that contribute to unequal enjoyment of these rights, and the categories of noncitizen associated with the mediated allocation of basic human rights.  相似文献   

4.
    
According to David Miller, there exists a special relationship between migrants at the border and members of a political community that the migrant hopes to join. It is the task of a political philosophy of migration to define a state’s obligations toward individuals who are vulnerable to the state’s actions without being members of the political community. I define the vulnerability in question as lacking capacity to be autonomous for lack of options to realize one’s plan of life. I then discuss Miller’s claim that what matters is sufficiency of generic options rather than access to all options. Miller wants to say that sufficiency can be achieved by assuring the protection of human rights. This claim neglects the source of the individual migrant’s vulnerability. I therefore argue that Miller neglects the specific relationship he has identified between potential host state and hopeful migrant, and advocate instead that the potential host state has to consider the vulnerability that is due to its own policies, such as migration regimes. This grounds a causal responsibility to protect the basic interest in leading autonomous lives for the migrant at the border.  相似文献   

5.
联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人  相似文献   

6.
Minimalists about human rights hold that a state can have political legitimacy if it protects a basic list of rights and democratic rights do not have to be on that list. In this paper, I consider two arguments from Benhabib against the minimalist view. The first is that a political community cannot be said to have self-determination, which minimalists take to be the value at the heart of legitimacy, without democracy. The second is that even the human rights protections minimalists take to legitimize institutions cannot be had without democracy. These rights can only be adequately interpreted and specified for any social context if the interpretations and specifications result from democratic processes. Here, I bring out some important problems with these arguments and so conclude that they do not represent a robust case for rejecting minimalism.  相似文献   

7.
    
Abstract

Since 2012, refugee protest camps and occupations have been established throughout Europe that contest the exclusion of refugees and asylum seekers, but that also make concrete demands for better living conditions and basic rights. It is a movement that is led by migrants as noncitizens, and so reveals new ways of thinking of the political agency and status of noncitizenship not as simply reactive to an absence of citizenship, but as a powerful and transgressive subjectivity in its own right. This paper argues that we should resist collapsing analysis back into the frameworks of citizenship, and instead be attentive to the politics of presence and solidarity manifest in these protest camps as a way of understanding, and engaging, noncitizen activism.  相似文献   

8.
    
Abstract

Stateless people are noncitizens everywhere. Yet, unlike many noncitizens, they are not border crossers. Despite the majority’s physical rootedness in the countries of their birth, the stateless are nonetheless forcibly displaced. Their peculiar form of noncitizenship displaces them in situ as they lack the right to choose to belong to the specific communities within which they were born and raised. Using The Bahamas and the Dominican Republic as case studies, this article illustrates how the stateless are either forcibly cast into liminality or made to take on the nationality of a country with which they do not identify when the State can no longer tolerate their noncitizen status.  相似文献   

9.
Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.  相似文献   

10.
In the past few decades, political membership has become more complex, for example, through the proliferation of dual and multiple citizenships. Some scholars argue that, as a result, state membership may have become less relevant to individuals. In the same vein, our article argues that Kyrgyzstani migrants working in Russia and Kazakhstan have developed a pragmatic approach to citizenship. This case study, which builds upon in-depth interviews conducted in April and May 2008, is pertinent for several reasons. Labor migration from Kyrgyzstan has surged in recent years and is radically affecting the country's economy, society, and polity. Besides, Kyrgyzstan, Kazakhstan, and Russia have been separate political units for less than two decades; transnational practices and attitudes are thus not new. Our results show that for Kyrgyzstani migrants in Russia and Kazakhstan, citizenship is mainly defined in terms of concrete, short-term benefits. They have difficulties formulating what it means to be a citizen beyond the expression of a vague patriotic support. Those who have naturalized, mostly in Russia, do it for convenience purposes without attaching much affective meaning to it. Most see their stay as temporary (particularly in Kazakhstan), are not engaged in diasporic organizations or activities, and are estranged from the politics of both their home and host country.  相似文献   

11.
    
I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.  相似文献   

12.
    
This article examines the telecommunications industry in Sri Lanka and assesses the effectiveness of regulatory arrangements associated with the liberalisation of the telecommunications industry, from a management point of view. The review focuses on the scope of services, price and the quality of services available to customers after the liberalisation. This study finds that, despite the early establishment of the Telecommunications Regulatory Commission (TRC) to monitor the telecommunications industry, its interventions have been only partially successful in making it conducive to service providers and customers. While liberalisation of the telecommunications industry has been favoured, the role of the regulator has been controversial with regard to its independence, impartiality, capability, transparency and accountability. We argue that the current model has failed to create favourable market conditions under the circumstances prevailing in the country, and hence a more appropriate model is yet to be developed. Copyright © 2006 John Wiley & Sons, Ltd.  相似文献   

13.
    
This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker.  相似文献   

14.
    
This article makes a contribution to the general theory of citizenship. It argues that there is a need for a supplementary concept of ‘denizenship’ to illustrate changes to and erosion of postwar social citizenship as famously described by T H Marshall. The first aim is to construct a more theoretically developed idea of what the concept of a ‘denizen’ means in sociological terms. In its conventional meaning, this term describes a group of people permanently resident in a foreign country, but only enjoying limited partial rights of citizenship. I label this Denizenship Type 1. By contrast, Denizenship Type 2 refers to the erosion of social citizenship as citizens begin to resemble denizens or strangers in their own societies. The argument then is that there is a general convergence between citizenship and denizenship. As such, Denizenship Type 2 provides a possible supplement to the various terms that have recently been proposed, such as flexible citizenship, semi-citizenship, or precariat to describe the attenuated social and economic status of citizens under regimes of austerity and diminished rights and opportunities. As the life chances of citizens decline, they come to resemble denizens. One illustration of this basic transition is to be found in the changing nature of taxation. This observation also allows me simply to observe that the political economy of taxation has been somewhat neglected in the recent literature on citizenship where questions about identity and subjectivity have become more dominant. As a result of these socio-economic changes, the modern citizen is increasingly merely a denizen with thin, fragmented, and fragile social bonds to the public world. The corrosion of the social, economic, political, and legal framework of citizenship offers a new slogan: ‘we are all denizens now.’  相似文献   

15.
This special issue was written to reflect on the current role of human rights in the United Kingdom, seventy years after the United Nations General Assembly voted in favour of the Universal Declaration of Human Rights. Human rights are explored by the authors in this issue from a wide variety of perspectives. Some authors are critical of the failure of the state to implement human rights principles in practice; others lament how human rights often appear of little relevance to most people’s lives in the UK. The overall message, however, remains consistent: a human rights framework brings many positive elements to our country, ensuring it is a society where individuals, no matter their actions or characteristics, are treated with dignity.  相似文献   

16.
This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.  相似文献   

17.
This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.  相似文献   

18.
Abstract

The publication of Max Weber's early lecture notes on economic theory as Volume III/1 of the Max Weber Gesamtausgabe (MWG) reveals for the first time how much his teaching in Freiburg and Heidelberg from 1894 to 1898 was influenced by the ‘modern economics’ of Carl Menger and his students, Friedrich von Wieser and Eugen Böhm-Bawerk. This review essay examines the significance of this volume, and also presents a brief history and assessment of the ongoing Gesamtausgabe project.  相似文献   

19.
    
As nationalist sentiments gain traction globally, the attitudinal and institutional foundations of the international liberal order face new challenges. One manifestation of this trend is the growing backlash against international courts. Defenders of the liberal order struggle to articulate compelling reasons for why states, and their citizens, should continue delegating authority to international institutions. This article probes the effectiveness of arguments that emphasise the appropriateness and benefits of cooperation in containing preferences for backlash among the mass public. We rely on IR theories that explain why elites create international institutions to derive three sets of arguments that could be deployed to boost support for international courts. We then use experimental methods to test their impact on support for backlash against the European Court of Human Rights in Britain (ECtHR). First, in line with principal-agent models of delegation, we find that information about the court's reliability as an ‘agent’ boosts support for the ECtHR, but less so information that signals Britain's status as a principal. Second, in line with constructivist approaches, associating support for the court with the position of an in-group state like Denmark, and opposition with an out-group state like Russia, also elicits more positive attitudes. This finding points to the importance of ‘blame by association’ and cues of in/out-group identity in building support for cooperation. The effect is stronger when we increase social pressure by providing information about social attitudes towards Denmark and Russia in Britain, where the public overwhelmingly trusts the Danes and distrusts the Russians. Finally, in contrast to Liberal explanations for the creation of the ECtHR, the study finds no evidence that highlighting the court's mission to promote democracy and international peace contains backlash. We show that the positive effects of the first two arguments are not driven by pre-treatment attitudes such as political sophistication, patriotism, internationalism, institutional trust or political preferences.  相似文献   

20.
This article uses a qualitative methodology employing the elite model to describe and analyse the complex interplay of political and economic factors in the privatization experience of the state of Qatar. The article begins by providing a theoretical framework for privatisation in the context of public policy and classifying policies of privatisation into two categories: macro‐ and micro‐privatisation. The second part uses this framework to discuss the factors that gives the Qatari experience its distinguished flavour. These factors include: elite legitimacy and social culture, bureaucratic power, international pressure and patron–client networks. Copyright © 2007 John Wiley & Sons, Ltd.  相似文献   

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