The paradox of international law as the law of nations: the (re)production of refugee and statelessness

Lee, Po-Han (2017) The paradox of international law as the law of nations: the (re)production of refugee and statelessness. Cultural Studies Quarterly, 160. pp. 35-44. ISSN 2076-2755

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Considering 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.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Rights and Justice Research Centre
Subjects: K Law > KZ Law of Nations
Depositing User: Po-Han Lee
Date Deposited: 16 Jan 2018 08:14
Last Modified: 16 Jan 2018 08:15

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