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Modern slavery is an amalgam of legal concepts defined in international law united by a shared characteristic – they are all forms of unfree labour: one person deprives another person of their freedom for profit. The introduction explains how unfree labour involving migrant workers and supply chains is particularly troublesome for states to govern because these transnational vectors do not fit within the ‘default’ territorial format of legal jurisdiction and, thus, challenge traditional ideas of state sovereignty. It treats modern slavery laws, which combine international, national, and (sometimes) regional laws, as an example of transnational law and shows how, in this context, the nation state is but one among an assemblage of governance actors. It develops a multidimensional conception of jurisdiction to explore the transnational legal governance of unfree labour and to illustrate how modern slavery laws reconfigure traditional understandings of sovereignty.
This chapter illustrates how the United Kingdom’s distinctive understanding of sovereignty combined with New Labour’s vision of the United Kingdom’s place in the global economy to shape the government’s approach to human trafficking. Targeting trafficking for sexual exploitation, the government cracked down on migrant sex workers and domestic prostitution. It also associated labour trafficking with illegal working and cast society as a victim of exploitation along with individuals who had been trafficked. The chapter describes New Labour’s selective acceptance of European Union and Council of Europe antitrafficking instruments; it adopted those instruments that reinforced the United Kingdom’s borders while avoiding those that gave rights to victims of trafficking. By equating its action plan for tackling human trafficking with the abolition of the slave trade, the government elevated its antitrafficking policies to a moral crusade.
As Chapter 4 has already made clear, this chapter is not another caravan-to-car story. Nor is it another case study of threatening mobility vs. governmentality. It is rather a continuation of Chapter 4 on the transformations of economic and political geography that put caravans to the test. Building on Chapter 4 and contrary to developmentalist notions of modernisation, this chapter argues that the end of caravans was a cumulative process, just like its persistence until the interwar period. New kinds of territorialisation (automobility and what I define as the ‘evening of mobility’ were part of it, indeed) fostered gradual disintegration and divergence across the caravan regional market. This would gradually erode the caravans’ raison d’être and deepen their transition to shorter routes while camels and traders would find new employments.
This chapter begins with the First World War, when camels were used in unprecedented numbers by fighting armies. The First World War was the first step in the gradual transformation of the economic and political geography of the Middle East. It had deep influence on caravan trade and, following the caravans during the war and in the midst of borders negotiations, one can see how transnational and national form in parallel through overland mobility. With the following one, this chapter benefits from a dense and heterogeneous source base, which allows for the inclusion of lively narratives in order to give a full extent to Middle Eastern experiences of these transformations.
The premise of this volume is that borders are shifting, and that as borders shift, rights and democratic legitimacy ought to shift with them. For good reasons, the focus of this discussion is on sovereign states and their borders. However, sovereign borders do not exhaust the types of boundaries that shape and circumscribe human freedom. In this chapter, the focus is on the private geographies that shape our lives. These private geographies – and here special economic zones are discussed – are both embedded in the sovereign states system and also help to consolidate its structure. Private geographies, which are characterized by private sources of capital and property-ownership, rely on public actors and institutions to thrive. Private economic enclaves also help funnel capital and trade rights around restrictive sovereign borders. These private geographies are of special interest because they reveal how states and capital cooperate in monopolizing land and carving up the earth, acting in ways that consolidate each other’s power. Therefore, private borders and public properties call into question the public–private divide and reveal how power over land is determined in the global age, often in ways that evade democratic control.
In the last decade, states have fixated on policing their borders beyond their territorial limits. This practice, which has been called “shifting borders,” undermines state legitimacy, because the latter depends on how states exercise their power, who they exercise it over, and also on where they exercise it. As the chapter shows, shifting borders generates a tension among rights, territory, and people, where it seems that we can have any two, but not all three. This chapter examines three responses to this tension. First, Sovereigntism seeks to stabilize the relation of people and territory. Second, Democratic Cosmopolitanism tolerates shifts in territory, as long as people and rights remain. Finally, the Watershed Model keeps borders in their place, but it accepts changes in the people, as it decouples democratic governance and rights from a particular national identity. It is argued that, in the long run, this model best handles the challenges in times of planetary crises, such as global poverty and climate change. For the Watershed Model, like the grass-roots movements of indigenous peoples and transnational migrant activists, can redefine territory, allow for human mobility, and resist state overreach in border control.
For many postcolonies, a national currency—like a constitution, flag, or passport—was a necessary accompaniment to independence. Money and credit were more than potent symbols of decolonization; they were means of constituting a new political order. This Introduction argues that the monetary regimes established in Kenya, Uganda, and Tanzania aimed to remake their independent societies, turning savings, loans, and other financial instruments into the infrastructure of citizenship and statecraft. These instruments tried to create a “government of value” in which personal interest and collective advance were aligned through mechanisms that were simultaneously ethical and economic, cultural and political. They did so because colonial subjects experienced empire as not only political domination but also a constraint on economic liberties. Yet, the ensuing decolonization was at best partial, not least because the value of national currencies depended on the accumulation of foreign money. Moreover, the independent political economy of East Africa created new inequalities and divisions. Struggles over money, credit, and commodities would animate a series of struggles between bankers and bureaucrats, farmers and smugglers in the coming decades. By detailing the notion of the “moneychanger state,” this chapter provides the conceptual frameworks to understand these conflicts in new ways.
This chapter seeks keywords and concepts that will enable us to grasp the contradictory and conflictive globality of the current moment and sharpen our analysis of equally contradictory and conflictive global pasts. In a plea to move beyond equating the global with openness, connection, and integration, I address the role of closure, boundaries, and limits in global history in a wider sense. For this purpose, I explore in an experimental and deliberately open-ended fashion how thinking about global spherescan be utilised fruitfully for the current practice of history writing. The first part explores the radically inclusive yet claustrophobic vision of the globe as a closed sphere from which there is no escape. Building on earlier closed-world and one-world discourses, this thinking gained prominence after the Second World War in the face of the threat of nuclear destruction and environmental degradation. I then move to think about the globe as composed of many bounded spheres – geopolitical but also social. Here, I take central examples from the realm of communication and language and discusses the public sphere as an exclusionary rather than inclusionary figure of thought.
The All-Affected Principle (AAP) is a simple idea that captures a core democratic intuition: enfranchising the people who are governed. Yet democratic theorists have often shied away from the various conceptual challenges that explicating its meaning arises. This chapter therefore articulates a reformulation of the AAP that is (a) pluralistic, which means it is more flexible in terms of both the kind of effect it examines as triggering right for participation as well as the kind of influence and forms of participation that may be required and (b) refocuses the principle around social power rather than mere affectedness. The implications of this reformulation are briefly considered in the context of referenda as a tool for determining the boundaries of political communities and it is concluded that such referenda need to be institutionalized and built into democratic system, in the same way procedures for constitutional amendments allow for infrequent but crucial examination of the political communitys foundations.
The All-Affected Principle is of limited help in thinking about immigration. Immigration raises important normative questions about who should have access to citizenship, what is required for the full social and economic inclusion of immigrants, what legal rights immigrants admitted by a state should have, how migrants who enter and settle without permission should be treated, what criteria should be used in selecting and excluding immigrants, what states ought to do in dealing with refugees, and whether controlling immigration is really morally justifiable at all. The All-Affected Principle is directly relevant only to the first question of who should have access to citizenship, and even in that case, it needs to be supplemented. The other questions are not primarily about who should participate in democratic decision-making but about what justice requires and about the moral constraints on democratic discretion. So, using the All-Affected Principle to think about those questions would not help, and starting from that principle in thinking about immigration might lead us to miss the key normative issues.
Borders are ubiquitous. As invisible lines, they contribute to a functioning world order and guarantee security for the people. In the form of walls and fences, they divide society and establish strongholds of prosperity that are not accessible to everyone. A similar effect can be observed in connection with the concept of citizenship, which binds people fatefully to a particular territory and thus significantly determines an individual’s life chances. This article shows how borders and their protection as well as the concept of citizenship challenge fundamental ideas of justice and traces discourses that seek to evolve the current border and citizenship regimes into a more universal and just form of human coexistence.
The United Kingdom’s National Referral Mechanism (NRM) is a framework for identifying potential victims of modern slavery (slavery, servitude, forced labour or human trafficking) and ensuring that they receive adequate care. This research explores differences in referrals and outcomes of potential modern slavery victims within the NRM on the basis of individual attributes, geography and first responder. Findings are based on exploratory analysis of data on 55,000 cases released by the Home Office in spring 2022 plus data from four Freedom of Information requests. Findings confirm that there are significant differences in rates of positive outcomes between native and immigrant groups, with native populations more likely to receive positive conclusive grounds (CG) decisions. Our key contribution is in identification of the role of the first responder in negatively influencing outcomes for victims of particular forms of exploitation. We suggest the differences in outcomes may be explained by the dual role played by first responders within the immigration system in identifying victims and implementing immigration control measures. We situate this finding within a broader critical migration literature on polymorphous borders pointing to the NRM as one mechanism through which bodies are differentially excluded from territorial access and associated rights or benefits.
In contemporary Italy, media and public actors frame the exploitation of migrant agricultural labourers as the outcome of caporalato. This concept – translated as labour brokerage or gang mastery – connotes the violent treatment of workers and their exploitation by powerful individuals, who are today increasingly racialised and understood as being Black and immigrants. However, our fieldwork in Apulia and Sicily uncovered a more complicated picture. This article considers a variety of sources to explore how caporalato is constructed and to what effect. Our argument is that, though rooted in real dynamics, caporalato is also a reductive, sensationalised, and racialising framing device that transposes historic tenets of Italy's ‘Southern Question’ onto ‘othered’ migrant workers. It affects policy by creating categories of people who are made ‘illegal’ and ‘deportable’. In also reinforcing derogatory stereotypes about the Italian South, it makes visible further South(s) of the Italian South(s) – offering insight into how and where borders are created and what their effects are.
This article is a response to Christians in public and private life who favor policies, employ rhetoric, and view migrants in ways that contravene their faith traditions. Speaking primarily from the perspective of Christian migrant-serving, faith-based organizations in the United States, the author examines their challenges, sources of consolation, and understanding of migrants in light of their work and religious touchstones in an era of political polarization and unprecedented forced displacement. He outlines an inclusive path forward, rooted in a commitment to the common good, to solidarity with the displaced, and to a deeper understanding of the hopes, aspirations, and gifts of migrants.
This chapter discusses the entanglement of Brexit with the subsequent pandemic and the war in Ukraine, both of which have been used to muddy Brexit’s economic impact. It first analyses the rhetoric of the Leave campaign and of those politicians advocating for and negotiating Brexit. Those negotiations are bound to continue while politicians are reluctant to acknowledge Brexit as unfinished business. It then contextualizes contemporary fears of unlimited immigration as an echo of postimperial anxieties about British identity. These also feature in literary responses to Brexit which make them condition-of-England novels rather than investigations of wider Anglo-European relations. Forging a dialogue between the aftermath of the COVID-19 pandemic and the fallout from the fourteenth-century bubonic plague suggests that political leadership and economic steer are crucial in determining a country’s recovery. How the pandemic was handled in the UK, paired with the economic impact of Brexit, aggravated the global supply issues caused by the war in Ukraine. This was not an inevitable outcome.
This chapter traces the rise and decline of the conviction that Britain was a nation uniquely hospitable to refugees and especially proud of its longstanding traditions of asylum. In fact, social attitudes and state policies towards migrants fluctuated dramatically throughout the modern era, triggered by a variety of controversial or destabilizing events ranging from dynastic royal marriages to continental revolutions and international conflicts. By 1905 Britain had passed its first general immigration control act, providing a framework governing who could be permitted to enter the country and under what conditions, regulations that have continued to be refined and extended to this day. Yet this legislation also took up issues about statehood and citizenship that can be traced back to the French Revolution in 1789 and which reverberated throughout the nineteenth and twentieth centuries, issues that have been represented and explored in a wide range of literary and cultural genres by writers and artists including Charlotte Smith, Charles Dickens, Henry James, Israel Zangwill, Agatha Christie, and Iris Murdoch. By 1960 a new post-war recognition of the scale of what was increasingly recognized as a fully global migration crisis had changed these insular local debates forever.
In 1830, a group of forty officers and men from the recently deposed Federalist government of the province of Mendoza, in the Argentine Confederation, were massacred by their erstwhile Indigenous allies. The Federalists had sought asylum with Creole Loyalists to the Spanish Crown – exiled from southern Chile – who had facilitated the Federalist alliance with Indigenous groups. The massacre occurred at Chacay, in the south of present-day Mendoza, in what was then an Indigenous frontier zone. Though a relatively unimportant battle, it nonetheless highlights certain key dynamics of the complex political situation of post-independence South America. As the wars of independence spilled over into civil wars in Chile and the Río de la Plata, fluctuating alliances of émigrés and Indigenous groups continued to pose a cross-border threat to the newly independent political authorities. This chapter argues that exile played an important role in the process of border formation and the establishment of republican sovereignty in the region.
This chapter considers non-EU nationals. The Treaty on the Functioning of the European Union provides common policies on borders, immigration and international protection, albeit that there are special regimes for Denmark and Ireland. The Schengen Borders Code governs the treatment of non-EU nationals at external borders. However, it is supplanted for many non-EU nationals by out-of-area border controls such as visa policy, carrier liability regimes and interception of non-EU nationals out at sea. Immigration policy requires States to deport non-EU nationals who are irregularly present in the Union unless there are strong compassionate grounds. EU law grants significant social rights to two types of non-EU national and their families: the worker resident and the long-term resident. Those seeking international protection can make only one application in the EU, which, usually, has to be in the State where they first enter the EU. They have a right to remain within the State pending consideration of their application. During this time, they must be provided with housing, food, healthcare and education for minors. These benefits are sparse and contingent on the applicant complying with reporting and accommodation requirements.
Schengen integration has been home to different visions from the outset. In this vein, it owes much of its success to the fact that it has been both practical and symbolic in nature. However, this equilibrium of different visions has been upset following a series of crises. By prioritizing security considerations over alternative visions of Schengen, some Member States have reintroduced internal border controls on a quasi-permanent basis. Current reform proposals seek to address this situation but may be unable to revive the co-existence of the different visions underpinning the earlier phases of Schengen integration. Rather, as this investigation suggests, the reform that is currently being discussed would reaffirm the nature of Schengen integration as a pan-European security project. While this goes hand-in-hand with elements of supranational governance and coordination, it may impair the role of Schengen as an identity-creating project. This investigation analyzes the elements of the reforms discussed, presents them in the light of different visions of Schengen, and draws attention to possible constitutional limits of its reform.
The gradual digitization of EU migration policies is turning external borders into AI-driven filters that limit access to fundamental rights for people from third countries according to risk indicators. An unshakeable confidence in the reliability of technological devices and their ability to predict the future behaviour of incoming foreigners is leading towards the datafication of EU external frontiers. What happens if the supposedly infallible algorithms are wrong? The article aims to understand the consequences of algorithmic errors on the lives of migrants, refugees and asylum seekers arriving in the European Union. This contribution investigates the socio-political implications of deploying data-driven solutions at the borders in an attempt to problematize the techno-solutionist approach of EU migratory policies and its fundamental rights impact on affected individuals.