Free Movement, Sovereignty and Cosmopolitan State Responsibility

2019 ◽  
pp. 224-242
Author(s):  
Luis Cabrera
Keyword(s):  
Regional Integration ◽  
Current System ◽  
Free Movement ◽  
State Sovereignty ◽  
State Responsibility ◽  
State Control ◽  
Sovereign State ◽  
Unauthorized Immigration ◽  
System P ◽  
Free Movement Of Persons

How ‘cosmopolitan’ can a sovereign state be? That question is considered here in the context of unauthorized immigration and arguments for free movement of persons across state boundaries. Details are first presented on non-cosmopolitan attitudes commonly expressed by receiving-state leaders in response to unauthorized immigration. They focus not on equal moral standing and the cosmopolitan mandate to give fair consideration to all persons’ interests, but on the criminality of unauthorized entry, often the perceived criminality or poor character of entrants themselves, and a ‘war’ on human smugglers. A robustly cosmopolitan state, it is argued, would support much freer movement of persons. This raises a question, however: is a state which does not seek to control its borders still a cosmopolitan state? It is acknowledged, in relation to an argument from Joseph Carens, that state sovereignty might, in principle, be defined separate from state control of borders. In practice, however, free movement has been strongly associated in recent years with fairly intensive projects of regional integration. These entail significant pooling of sovereignty, creating in effect more-cosmopolitan regions, rather than more-cosmopolitan sovereign states. Overall, the analysis reinforces some significant challenges, highlighted by institutional cosmopolitans, to realizing robust cosmopolitan moral aims in a system of independent sovereign states. It also, however, highlights ways in which states can be ‘more-cosmopolitan’ in relation to migration in the current system.

scholarly journals Montenegro’s accession to the European Union: Possible consequences of the free movement of persons for the Montenegrin social security system

SEER ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 39-58
Author(s):  
Frederic De Wispelaere ◽  
Gabriella Berki ◽  
Snjezana Balokovic
Keyword(s):  
Social Security ◽  
Social Security System ◽  
Security System ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
System P ◽  
Free Movement Of Persons ◽  
The Eu

This article discusses the potential impact of the free movement of persons in the EU on the Montenegrin social security system. It can be argued that three variables will be of great importance: 1) mobility between Montenegro and other EU member states; 2) social security legislation in Montenegro; and 3) the social security Coordination Regulations. The scale of migration will be highly dependent on whether there are transitional arrangements and whether neighbouring countries, not least Serbia, join the EU at the same time. In order to avoid an erosion of the workforce and consequently of people paying taxes in Montenegro, it might be useful to negotiate transitional arrangements as well as to promote oth er types of labour mobility, such as intra-EU posting. Furthermore, it can be expected that Montenegro’s accession will have financial and administrative implications in the area of healthcare. After all, accession to the EU will lead to a further increase in the number of tourists and thus of the amount that Montenegro will have to recover from member states if unplanned healthcare has been provided in Montenegro.

Trade Integration in a Layered System of International Law

2017 ◽  
Vol 25 (4) ◽  
pp. 561-578
Author(s):  
Aniekan Iboro Ukpe
Keyword(s):  
Member State ◽  
Regional Integration ◽  
Market Integration ◽  
State Level ◽  
Free Movement ◽  
Layered System ◽  
Trade Integration ◽  
Member States ◽  
Goods And Services ◽  
Free Movement Of Persons

Central to the attainment of West Africa's regional integration objectives is the free movement of Community citizens across national boundaries. This was an implicit acknowledgement by the founding fathers of ECOWAS of the fact that when people move from one member state to another, they carry along with them, not just their skills or requisite know-how, but also physical articles of trade. In other words, free movement of persons within the region would necessarily precipitate a like movement of goods and services across the region, thereby enhancing opportunities for market integration and efficiency. Accordingly, efforts were made through legal instrumentation to create an enabling environment which would facilitate the free movement of persons within the region. Notwithstanding, the multilayered system of laws in the region has operated to undermine the application and enforceability of such regional legal instruments at member-state level. Regional integration in West Africa continues to suffer several setbacks largely as a result of member states’ failure to comply with their treaty obligations. This article takes the view that defining a proper relationship between ECOWAS law and the national law of member states is central to the attainment of the region's aspirations of socio-economic and political integration. This would require a system that obliges member states to effectively cede part of their sovereignty to a regional body on such common issues like trade and thus recognise related regional laws as taking precedence over domestic laws as far as such issues are concerned.

scholarly journals The Protection of Foreigners in International Law

2021 ◽  
Vol 2 (1) ◽  
pp. 18-24
Author(s):  
Ferry Eka Rachman
Keyword(s):  
International Law ◽  
Legal Protection ◽  
State Sovereignty ◽  
State Responsibility ◽  
Citizenship Status ◽  
Sovereign State ◽  
Legal Principles ◽  
Legal Provisions ◽  
International Court ◽  
Main Basis

This research aims to find out legal protection against foreigners and citizens who lives outside their nationality country. In discussing the issue of international legal protection against foreigners, a doctrinal approach and international court practice is used. From the opinion of international legal experts, it will be found legal principles and theories regarding the position of individuals as subjects of international law. The principles of citizenship are the main basis for the application of the principle of jurisdiction and country responsibility towards its citizens and foreigners.The results are, In principle, every country will be responsible for providing legal protection to every citizen of the country wherever he/she is and foreigners will receive legal protection, under certain limitations, both from the country where he/she is temporarily located and from the country of origin. Thus, a person's citizenship status is closely related to the protection of international law that will be given to him/her, against him/her, his/her property and family. The application of the principle of state responsibility against citizens abroad or foreigners is based more on the principle of state sovereignty. A sovereign state will apply its national laws to its citizens within its territorial boundaries. Apart from that what applies is legal provisions of other countries or provisions of international law.

Regional integration and free movement in Central Africa Integración regional y libre circulación en África Central L'intégration régionale et la libre circulation en Afrique centrale

2013 ◽  
Vol 3 (3) ◽  
pp. 123-140 ◽  
Author(s):  
Guy Marcel Nono
Keyword(s):  
Social Policy ◽  
Regional Integration ◽  
Central Africa ◽  
Regional Level ◽  
Free Movement ◽  
African Union ◽  
Colonial History ◽  
Political Debate ◽  
Politique Sociale ◽  
Afrique Centrale

A pillar of African emergence and an important issue of political debate that is central to regional integration, free movement is however not yet acquired in Central Africa. Yet a glance at the pre colonial history invites us to believe that Central Africa has been an area of free movement. The recognition of a right that cannot be realized only by an agreement leads to the Central African states pledging to work together in the context of regional integration by recognizing their citizens' right to full mobility. This contribution highlights the efforts, challenges and prospects of free movement in Central Africa by reference to the African Union framework, and asks if the legal and institutional framework of free movement in Central Africa has led to the emergence of a social policy supportive of free movement at the sub regional level. Spanish La libre circulación de personas es un pilar del África emergente, un tema importante en el debate político, un punto central de la integración regional, y sin embargo todavía intangible en África Central. No obstante, una mirada a la historia precolonial nos invita a pensar que África Central ha sido un espacio de libre circulación. El reconocimiento de un derecho que no puede realizarse sólo por un acuerdo, conduce a que los Estados de África Central se comprometan a trabajar juntos en el marco de la integración regional para reconocer el derecho de sus ciudadanos a la movilidad total. Esta contribución destaca los esfuerzos, desafíos y perspectivas de la libre circulación en África Central en referencia con el marco de la Unión Africana, y se pregunta si el marco legal e institucional de la libre circulación en África Central ha llevado a la aparición de una política social que apoye la libre circulación a nivel subregional. French Pilier de l'émergence de l'Afrique, enjeu des débats politiques et de l'intégration, la libre circulation n'est pas encore un acquis en Afrique Centrale. Pourtant, un regard porté sur l'histoire précoloniale nous invite à croire que l'Afrique centrale a été un espace de libre circulation. La reconnaissance d'un droit ne pouvant se faire que par l'objet d'un accord, les États d'Afrique Centrale se sont engagés dans le choix d'une histoire à réaliser ensemble dans le cadre de l'intégration, en consacrant dans des pactes communautaires la pleine mobilité de leurs ressortissants. Cette contribution met en évidence les efforts, défis et perspectives de la libre circulation en Afrique centrale par référence au cadre de l'Union africaine, et pose la question de savoir si le cadre juridique et institutionnel de la libre circulation en Afrique centrale a conduit à l'émergence d'une politique sociale en faveur de la libre circulation au niveau sous régional.

Islamically Framed Mobilization in Tunisia: Ansar al-Sharia in the Aftermath of the Arab Uprisings

2020 ◽  
Author(s):  
Frédéric Volpi
Keyword(s):  
Social Activism ◽  
Social Recognition ◽  
Political Agenda ◽  
State Control ◽  
Party Discipline ◽  
Grass Roots ◽  
Arab Uprisings ◽  
Religious Competition ◽  
System P ◽  
Tunisian Revolution

This chapter addresses two main aspects of Islamically framed social mobilization, with a particular focus on the protest dynamics that took place in the aftermath of the 2011 Arab uprisings in Tunisia. It outlines the evolution of such mobilizations over time, as state control of the political and religious field changed and as intra-religious competition was reshaped. In Tunisia, while institutionalized political Islam was mainly channeled through the pragmatic approach developed by Ennahda, Islamically framed social activism was nonetheless significantly influenced by the Salafi network centering on Ansar al-Sharia. The attractiveness of the Salafi discourse, particularly among young and disenfranchised protesters in the aftermath of the Tunisian revolution, was that it offered immediate opportunities for action and for social recognition. Ultimately, Ansar al-Sharia failed to institutionalize their influence and to shape the patterns of democratization in the country, primarily because they could not agree between themselves on a political agenda, and because they could not impose party discipline on their youthful new supporters. The rapid grass-roots mobilization that underpinned the rise of the Salafi movement created a situation of hubris and was quickly followed by demobilization when the state used the security apparatus to repress activities that were seen as a threat to the newly established democratic system.

Sign in / Sign up

Export Citation Format

Share Document