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The privatisation of border controls and the limits of state sovereignty : an afterword
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Aliverti, Ana (2022) The privatisation of border controls and the limits of state sovereignty : an afterword. In: Bosworth, Mary and Zedner, Lucia, (eds.) Privatising Border Control: Law at the Limits of the Sovereign State. Oxford: Oxford University Press, 248-2/64. ISBN 9780192857163
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Official URL: https://doi.org/10.1093/oso/9780192857163.003.0014
Abstract
The answer to the question of whether, and how, the privatisation of border controls affects state sovereignty is deceptively simple in appearance. As some scholars have argued, privatisation cedes to the private sector the monopoly of violence bestowed by the state as the core element of sovereignty and, in so doing, weakens it. Others argue that by privatising border control, the state does not surrender its powers over the exercise of legitimate violence, but, rather, expands its reach through the diversification and dispersion of actors and practices,1 in what Stanley Cohen referred to as ‘net- widening’.2 In either case, the legal and normative implications of such trends are critical for both sovereignty and citizenship. The privatisation of coercive powers diminishes accountability and transparency; it subjects coercive powers to the rules of the market, and creates spurious incentives for criminalisation; it augments the risks of abusive and discriminatory practices, since many of those tasked with enforcement functions lack the appropriate training and expertise to carry them out; and it can heighten social fragmentation and entrench social inequalities. In examining the impact of privatisation on border controls, many scholars have, rightly, drawn on the literature of privatisation in the context of criminal justice, given the parallels between the two institutional and legal fields
| Item Type: | Book Item | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | J Political Science > JC Political theory J Political Science > JV Colonies and colonization. Emigration and immigration. International migration K Law [Moys] > KC International Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Library of Congress Subject Headings (LCSH): | Border patrols, Border security, Independent contractors , Sovereignty | ||||||
| Publisher: | Oxford University Press | ||||||
| Place of Publication: | Oxford | ||||||
| ISBN: | 9780192857163 | ||||||
| Book Title: | Privatising Border Control: Law at the Limits of the Sovereign State | ||||||
| Editor: | Bosworth, Mary and Zedner, Lucia | ||||||
| Official Date: | 22 November 2022 | ||||||
| Dates: |
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| Page Range: | 248-2/64 | ||||||
| DOI: | 10.1093/oso/9780192857163.003.0014 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Reuse Statement (publisher, data, author rights): | This is a draft of a chapter that has been accepted for publication by Oxford University Press in the forthcoming book Privatising Border Control: Law at the Limits of the Sovereign State edited by M. Bosworth and L. Zedner. | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Date of first compliant deposit: | 20 June 2022 |
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