This article examines how international human rights law is shaping the politics of immigration. It argues that migrant human rights are neither conceptually nor practically incompatible with an international order premised upon state territorial sovereignty, and that the specific aesthetics of the contemporary international human rights system, namely its formalistic and legalistic tendencies, has facilitated its integration with a realm of policymaking traditionally reserved to state discretion. An exploration of two areas in the emerging field of migrant human rights traces the multi-scalar transnational legal processes through which these norms are formulated and internalized.
"This article is Leila Kawar (2011), Finding a Place for Marginal Migrants in the International Human Rights System, in Austin Sarat (ed.) Special Issue Human Rights: New Possibilities/New Problems (Studies in Law, Politics and Society, Volume 56) Emerald Group Publishing Limited, pp.67 - 90. Emerald Group Publishing and permission has been granted for this version to appear here http://www.emeraldinsight.com/doi/full/10.1108/S1059-4337%282011%290000056006. Emerald does not grant permission for this article to be further copied/distributed or hosted elsewhere without the express permission from Emerald Group Publishing Limited."
Kawar, Leila, "Finding a Place for Marginal Migrants in the International Human Rights System" (2011). Political Science Faculty Publications. 5.
Studies in Law, Politics, and Society