9781108594110 ebook 9781108425568 (hardback) 9781108442664 (paperback)
Law in context.
Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.
Title from publisher's bibliographic system (viewed on 16 May 2018).
Formatted Contents Note
Machine generated contents note: 1. South America's Central Role in Migration and Citizenship Law; 2. Open Borders in the Nineteenth Century: Constructing the National, the Citizen and the Foreigner; 3. The Construction of the Hispano-American legal figure in the Nineteenth Century; 4. The Legal Construction of the Foreigner as Undesirable in Twentieth Century South America; 5. The Construction of the Irregular Immigrant. The Principle of Non-Criminalisation of Undocumented Migration; 6. The Right to Migrate as a Fundamental Right? The Construction of the Foreigner through Equal Treatment; 7. Open Borders and the Construction of a South American Citizen; 8. Conclusion: Constructing and Deconstructing the Foreigner: An Innovative and Exceptional Approach?.