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Peter J. Spiro

. States are even becoming constrained by international law in their membership practices, something that hardly computes in a Walzerian equation (Spiro 2011 ). “Access to citizenship” points to citizenship for habitual residents as a baseline from which to perfect other rights. It also looks to apply non-discrimination norms to citizenship practice, a radical departure from the historical discretion afforded sovereigns respecting membership. To

in Democratic inclusion
Rousseau’s and nationalism
Mads Qvortrup

might have envisaged that mechanisms for the protection of humanitarian rights could be enforced, he was unconvinced that public international law could prevent the outbreaks of wars: As for what is called international law [‘droit des gens’] it is certain that, for want of sanction, its laws are nothing but chimeras even weaker than the laws of nature. This latter at least speaks to the heart of individuals, whereas international law, having no other guarantee than their utility to the one who submits to it, are respected only as long as self-interest confirms it

in The political philosophy of Jean-Jacques Rousseau
Open Access (free)
Rainer Bauböck

democratically illegitimate about this system. In my essay I suggest that the current principles of international law allow states to broadly ignore the interests of outsiders who are negatively affected by their decisions. Under my interpretation of the all affected interests (AAI) principle, this provides not only cover for possible injustices , which states may or may not commit towards outsiders, but also tarnishes the legitimacy of decisions taken

in Democratic inclusion
Open Access (free)
A pluralist theory of citizenship
Rainer Bauböck

simultaneous nested self-government or because they are the just outcome of remedial exercises of self-determination rights, then the claims of individuals to inclusion in a particular polity can be decided on the basis of a “genuine link” principle. “Genuine link” is a doctrine in public and private international law that is invoked to establish or dispute the right of states to award their nationality and to grant diplomatic protection to or impose

in Democratic inclusion
Total infringement of citizenship

of rights traditionally associated with citizenship, including the unconditional right to enter Latvian territory, to remain, and to build a life there: work, non-discrimination and permanent residence are all included in the package. It definitely does not imply ‘classical’ statelessness in the sense of international law. In subsequent years, both Latvia and Estonia amended their citizenship legislation so as to reduce childhood statelessness. The first reforms for facilitated

in The Fringes of Citizenship
Catherine Baker

socialist control), refugees from the 1956 Hungarian Revolution and 1970s Vietnamese refugees. Western European governments had been making asylum increasingly restrictive since the 1980s, reducing state support for refugees and under-review ‘asylum-seekers’ to dissuade economic migrants from seeking settlement that way (Koser and Black 1999 ). These tightening asylum policies firmly distinguished ‘refugees’, to whom states owed protection under international law, and ‘economic migrants’, with no inherent right to settlement and (in most western European migration policy

in Race and the Yugoslav region