[ARTICLE_2017] The IL's Paradox (achived version).pdf (1.03 MB)
The paradox of international law as the law of nations: the (re)production of refugee and statelessness
journal contribution
posted on 2023-06-21, 06:02 authored by Po-Han LeeConsidering the refugee crisis and statelessness around the world particularly in the Asian context, this article argues that, by interrogating the fundamental premise of international law as ‘the law of nations’, the repeated affirmation and representation of the relationship between a nation/state and its ‘people’ creates and self-justifies a series of relevant problematics. Drawing on a genealogy of the modern discourses with regard to ‘statehood’, on which one’s nationality and citizenship is established, the failure of contemporary international human rights and humanitarian legal regimes in addressing the rightless situations of refugees and stateless persons is, nonetheless, an intended product of the maintenance of the Westphalian style of sovereign equality. Beyond such a dystopian reading of the present, I consider – turning to Deleuzian nomadological ontology of ‘existence’ of sporadicalness, radicalness and contingency – the beings or becomings as refugees or stateless persons as resistance to the status quo of law, by transgressing the territorialisation of states and exposing the irresolution of post-Cold War liberal internationalism.
History
Publication status
- Published
File Version
- Accepted version
Journal
Cultural Studies QuarterlyISSN
2076-2755Publisher
Cultural Studies Association of TaiwanVolume
160Page range
35-44Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Rights and Justice Research Centre Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-01-16First Open Access (FOA) Date
2018-01-16First Compliant Deposit (FCD) Date
2018-01-15Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC