Verfassungsblog ()

International Migration Law and Coloniality

  • Thomas Spijkerboer

Journal volume & issue
no. 2366-7044

Abstract

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In European human rights law, it is taken for granted that states have the sovereign right to regulate migration. A right to be admitted to a country of which one is not a national, or a right not to be expelled, exists only in exceptional cases. In this blogpost, I look at the origins of “the right to control the entry of non-nationals”. These are to be found in a shift in the colonial labour system which occurred in the second half of the 19th century. It is this history which explains the inequality represented on the map above.

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