Of States, Rights, and Social Closure Governing Migration and Citize
Do nation-states act to facilitate or limit immigration and integration, how and why? How do nation-states themselves transform in understanding and interpreting rights respond to immigration? Does the European Union make a difference in terms of how immi
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Of States, Rights, and Social Closure Governing Migration and Citizenship
Edited by Oliver Schmidtke and Saime Ozcurumez
of states, rights, and social closure Copyright © Oliver Schmidtke and Saime Ozcurumez, eds., 2008. Softcover reprint of the hardcover 1st edition 2008 978-0-230-60031-7 All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published in 2008 by PALGRAVE MACMILLAN™ 175 Fifth Avenue, New York, NY 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS. Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-36976-8 ISBN 978-0-230-61048-4 (eBook) DOI 10.1057/9780230610484 Library of Congress Cataloging-in-Publication Data Of states, rights, and social closure : governing migration and citizenship / edited by Oliver Schmidtke and Saime Ozcurumez. p. cm. Includes bibliographical references and index. 1. European Union countries—Emigration and immigration. 2. Minorities—European Union countries. 3. North America—Emigration and immigration. 4. Minorities—North America. 5. Citizenship. 6. Marginality, Social. I. Schmidtke, Oliver. II. Ozcurumez, Saime. JV7590.O42 2007 325'.1—dc22
2007024340
A catalogue record of the book is available from the British Library. Design by Scribe Inc. First edition: January 2008 10 9 8 7 6 5 4 3 2 1
Contents List of Tables and Figures Contributors Introduction Part I
v vii
National Closure and Beyond Oliver Schmidtke
1
The Normative Debate on the “Liberal Paradox”: Of States, Rights, and Social Closure
1
Immigration, Democracy, and Citizenship Joseph H. Carens
17
2
Noncitizens and Discrimination: Redefining Human Rights in the Face of Complexity Donald Galloway
37
3
National Sovereignty, Migration, and the Tenuous Hold of International Legality: The Resurfacing (and Resubmersion?) of Carl Schmitt Jeremy Webber
4
Borders in Public Perception: Renationalizing Modes of Inclusion and Exclusion Oliver Schmidtke
61
91
Part II Limits of Governing Migration and Citizenship 5
6
7
8
We Are All “Republican” Now: Changes in, Prospects for, and Limits of Citizenship in Germany Thomas Faist and Jürgen Gerdes
113
The Institutional Setting of Naturalization and Multiple Citizenship: A Comparison of German and Dutch Policies Anita Böcker and Dietrich Thränhardt
135
Immigration Reform in Germany: The Domestic Debate under the Red-Green Government Imke Kruse
157
Territoriality in Diasporas and Transnational Communities Riva Kastoryano
179
vi Contents
Part III Toward a Postnational Constellation? Politics and Policy Formation in Europe 9
10
11
Borders, Territory, and Migratio
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