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Articles 1 - 19 of 19
Full-Text Articles in International Law
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
In The Breach: Citizenship And Its Approximations, Susan C.B. Coutin
Indiana Journal of Global Legal Studies
To analyze the forms of membership that are created in the gap between formal citizenship and social belonging, this paper takes up three examples of citizenship in the breach: (1) the 1980-1992 Salvadoran civil war, in which human rights abuses perpetrated in El Salvador effectively constituted Salvadoran migrants as stateless persons, though technically they held Salvadoran citizenship; (2) informal U.S. membership claims put forward by longtime U.S. residents who were deported to El Salvador; and (3) the legal or documentary problems that emerge when legal permanent residents, some of whom immigrated to the United States from El Salvador during the …
Citizenship After The Conservative Movement, Elisabeth Zoller
Citizenship After The Conservative Movement, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Citizenship as a societal and political value has undergone major transformations under the conservative movement that took the lead in western democracies over the past forty years. In defining liberty as "absence of coercion" or "freedom from any restraint," the conservatives distorted the meaning of true liberty, which is "ordered liberty." In insisting on self-reliance as the prerequisite of individual insertion in society, they have precipitated an abatement in citizens' social and political rights that have had lingering effects on the social fabric, even today. Although these developments are domestic in nature, they greatly impact globalization insofar as they accelerate …
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
"Coming Out Of The Shadows": Dream Act Activism In The Context Of Global Anti-Deportation Activism, Laura Corrunker
Indiana Journal of Global Legal Studies
This Article, based on ethnographic fieldwork with an undocumented, youth-led immigrant rights organization, explores undocumented youth activism in the United States in relation to global anti-deportation movements. The strategies that undocumented youth utilize in their fight for the DREAM Act, a bill that creates provisions for certain undocumented youth to legalize their status, are compared with examples of anti-deportation activism outside the United States. In comparing the DREAM Act movement with anti-deportation movements globally, three points of commonality emerge: (1) leadership of undocumented immigrants; (2) visibility; and (3) measures of "deservingness." This Article argues that comparing examples of immigrant activism …
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim
Indiana Journal of Global Legal Studies
This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere
Indiana Journal of Global Legal Studies
Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
A Review Of Beyond Citizenship: American Identity After Globalization, By Peter J. Spiro, Andy Williams
Indiana Journal of Global Legal Studies
No abstract provided.
Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson
Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson
Indiana Journal of Global Legal Studies
Globalization and Education Symposium
Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart
Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart
Indiana Journal of Global Legal Studies
No abstract provided.
The Participation Of States And Citizens In Global Governance, Saskia Sassen
The Participation Of States And Citizens In Global Governance, Saskia Sassen
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
The Evolution Of Sovereignty And Citizenship In Western Europe: Implications For Migration And Globalization, John D. Snethen
Indiana Journal of Global Legal Studies
No abstract provided.
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
Indiana Journal of Global Legal Studies
No abstract provided.
The Dawn Of Cosmopolitan Denizenship, Aristide R. Zolberg
The Dawn Of Cosmopolitan Denizenship, Aristide R. Zolberg
Indiana Journal of Global Legal Studies
No abstract provided.
The Need To Distinguish Denationalized And Postnational, Saskia Sassen
The Need To Distinguish Denationalized And Postnational, Saskia Sassen
Indiana Journal of Global Legal Studies
No abstract provided.
Contextual Citizenship, Heinz Klug
Contextual Citizenship, Heinz Klug
Indiana Journal of Global Legal Studies
No abstract provided.
Citizenship Denationalized (The State Of Citizenship Symposium), Linda Bosniak
Citizenship Denationalized (The State Of Citizenship Symposium), Linda Bosniak
Indiana Journal of Global Legal Studies
No abstract provided.
Citizenship, Law, And The American Nation, Kenneth L. Karst
Citizenship, Law, And The American Nation, Kenneth L. Karst
Indiana Journal of Global Legal Studies
No abstract provided.
Denationalization, Inclusion, And Exclusion: Negotiating The Boundaries Of Belonging, Susan B. Coutin
Denationalization, Inclusion, And Exclusion: Negotiating The Boundaries Of Belonging, Susan B. Coutin
Indiana Journal of Global Legal Studies
No abstract provided.
International Citizenship: The Future Of Nationality In A Globalized World, Kim Rubenstein, Daniel Adler
International Citizenship: The Future Of Nationality In A Globalized World, Kim Rubenstein, Daniel Adler
Indiana Journal of Global Legal Studies
No abstract provided.