Of States, Rights, and Social Closure

Transcription

1 Of States, Rights, and Social Closure

2 Of States, Rights, and Social Closure Governing Migration and Citizenship Edited by Oliver Schmidtke and Saime Ozcurumez

3 of states, rights, and social closure Copyright Oliver Schmidtke and Saime Ozcurumez, eds., Softcover reprint of the hardcover 1st edition 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 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 ISBN (ebook) DOI / 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.O '.1 dc A catalogue record of the book is available from the British Library. Design by Scribe Inc. First edition: January

4 Contents List of Tables and Figures Contributors Introduction National Closure and Beyond 1 Oliver Schmidtke Part I The Normative Debate on the Liberal Paradox : Of States, Rights, and Social Closure 1 Immigration, Democracy, and Citizenship 17 Joseph H. Carens 2 Noncitizens and Discrimination: Redefining Human Rights 37 in the Face of Complexity Donald Galloway 3 National Sovereignty, Migration, and the Tenuous Hold of International Legality: The Resurfacing (and Resubmersion?) of Carl Schmitt 61 Jeremy Webber 4 Borders in Public Perception: Renationalizing Modes of Inclusion and Exclusion 91 Oliver Schmidtke Part II Limits of Governing Migration and Citizenship 5 We Are All Republican Now: Changes in, Prospects for, and Limits of Citizenship in Germany 113 Thomas Faist and Jürgen Gerdes 6 The Institutional Setting of Naturalization and Multiple Citizenship: A Comparison of German and Dutch Policies 135 Anita Böcker and Dietrich Thränhardt 7 Immigration Reform in Germany: The Domestic Debate under the Red-Green Government 157 Imke Kruse 8 Territoriality in Diasporas and Transnational Communities 179 Riva Kastoryano v vii

5 vi Contents Part III Toward a Postnational Constellation? Politics and Policy Formation in Europe 9 Borders, Territory, and Migration in the European Union: From the Politics of Migration in Europe to the European Politics of Migration 205 Andrew Geddes 10 The Denationalization of Immigration Politics: Is It Happening and Who Benefits? 225 Ruud Koopmans, Paul Statham, Marco Giugni, and Florence Passy 11 Immigrants and Participation beyond the Nation-State: Opportunity-Capability Rift in EU Immigration Policy Process 257 Saime Ozcurumez Conclusion Crossing Borders of States and Border-Crossing of Rights 279 Saime Ozcurumez References 285 Index 303

6 Tables and Figures Tables 4.1 Overview of the discourse on immigrants in German print media Naturalization rates in selected European countries, Large naturalization groups in Germany and the Netherlands and the acceptance of multiple citizenship in Dual citizens and foreigners in the Netherlands, January 1, 2003 (thousands) Naturalization rates of selected immigrant groups in the Netherlands, 1996 and Types of long-distance nationalism Relation to the state Territorial scope of actors in immigration and ethnic relations politics, by country (MERCI data ) Spatial framing of claims in immigration and ethnic relations politics, by country (MERCI data ) Overall scopes of claims in immigration and ethnic relations politics, and extent of multilevel claims making, by country (MERCI data ) Overall scopes of claims in immigration and ethnic relations politics, and extent of multilevel claims making, by issue field (MERCI data ) Average discursive position on issues in immigration and ethnic relation politics, by claim scope and issue field (MERCI data ) 240

7 viii Tables and Figures 10.6 Distribution of actors by overall claim scope (MERCI data ) Average discursive position on immigration politics by claim scope (Europub data, ) Distribution of actors in immigration politics by overall claim scope (Europub data, ) 251 Figures 5.1 Access to citizenship in Germany since Belief systems of political parties in Germany: Integration Why foreigners who might otherwise be interested in obtaining German citizenship have not yet applied for naturalization (1993 percentages) Naturalization rates of Turks in Germany and the Netherlands, Development of the percentage of claims with different scopes across the five countries (MERCI data ) Development of multilevel claim scopes in immigration in the German press (Europub data ) 248

8 Contributors Anita Böcker is assistant professor at the Institute for the Sociology of Law, Radboud University Nijmegen. Joseph H. Carens is professor of political science at the University of Toronto. Thomas Faist is professor of sociology at the University of Bielefeld. Donald Galloway is professor in the Faculty of Law at the University of Victoria. Andrew Geddes is professor in the Department of Politics at the University of Sheffield. Jürgen Gerdes is a researcher at the Center on Migration, Citizenship, and Development at the University of Bielefeld. Marco Giugni is a researcher and teacher in the department of political science at the University of Geneva. Riva Kastoryano is professor of social sciences at the Institut d Etudes Politiques de Paris. Ruud Koopmans is professor of sociology at the Vrije Universiteit, Amsterdam and research director at the Wissenschaftszentrum Berlin für Sozialforschung (WZB). Imke Kruse is a research scientist at the Max Planck Institute for Human Development in Germany and program manager of the International Max Planck Research School LIFE. Saime Ozcurumez is a visiting assistant professor of political science at Bilkent University, Ankara. Florence Passy is professor of political science at the University of Lausanne. Oliver Schmidtke is an associate professor of political science and history at the University of Victoria where he also holds a Jean Monnet Chair in European history and politics. Paul Statham is professor of sociology at the University of Bristol.

9 x Contributors Dietrich Thränhardt is professor of political science at the University of Münster. Jeremy Webber is professor in the Faculty of Law and holds the Canada Research Chair in Law and Society at the University of Victoria. He is director of the Consortium on Democratic Constitutionalism and visiting professor of law at the University of New South Wales.