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Conclusion

from Part III - Mise-en-scène: The International Legal World, 1945–Present

Published online by Cambridge University Press:  29 June 2020

Christopher A. Casey
Affiliation:
University of California, Berkeley
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Summary

People still move, states still don’t. In the eighteenth and nineteenth centuries, the states of the Atlantic world dealt with that fact through the legal formalization of protection abroad. But that system proved difficult at a time when incipient nationalism demanded that spaces of identity conform to spaces of politics. It was simply too dangerous for states to be active claimants on the literal and metaphorical bodies of their real and fictive nationals abroad. Beginning in the 1920s and accelerating in the decades after 1945, an individualist paradigm emerged in force. Individuals, it was thought, should be able to stand before international tribunals and have their rights protected by the international order and, importantly, nationality should no longer be determinative of the kinds of protection persons, real or fictive, receive. Refugees should not be determined based upon their nationality, but rather their individual well-founded fear of persecution. Investors should not receive greater protection because they were British or French or American with the political power such nationality could mobilize.

Type
Chapter
Information
Nationals Abroad
Globalization, Individual Rights, and the Making of Modern International Law
, pp. 192 - 198
Publisher: Cambridge University Press
Print publication year: 2020

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  • Conclusion
  • Christopher A. Casey, University of California, Berkeley
  • Book: Nationals Abroad
  • Online publication: 29 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784047.008
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  • Conclusion
  • Christopher A. Casey, University of California, Berkeley
  • Book: Nationals Abroad
  • Online publication: 29 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784047.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Christopher A. Casey, University of California, Berkeley
  • Book: Nationals Abroad
  • Online publication: 29 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108784047.008
Available formats
×