The Right to Exclude: A Critical Race Approach to Sovereignty, Borders, and International Law

International law is seen as supporting racial justice, but Justin Desautels-Stein questions if it can create racial hierarchy. He proposes a theory of postracial xenophobia that justifies and legitimates racialized foreignness, based on sovereignty and property ideologies.

Format: Hardback
Length: 368 pages
Publication date: 09 March 2023
Publisher: Oxford University Press

In a world plagued by racism and xenophobia, international law assumes a pivotal role in addressing these pressing issues. While some may argue that international rules hold little significance, the prevailing perspective portrays international law as a champion of racial justice. Human rights instruments such as the United Nations International Convention on the Elimination of Racial Discrimination serve as exemplars, providing global agreements that mandate governments to abstain from racist behavior and promote antiracist actions. However, in his book "The Right to Exclude," Justin Desautels-Stein challenges this conventional understanding by questioning whether certain rules of international law can inadvertently create structures of racial hierarchy rather than limit them.

Desautels-Stein argues that the ideological foundations of sovereignty and property, along with the shared right to exclude found in these twinned precincts, and the border regimes that result, form the intellectual crux behind this production. By applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein develops a novel theory of postracial xenophobia. This theory posits a structured racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, ultimately fostering a racial xenos.

Through his insightful analysis, Desautels-Stein sheds light on the complex interplay between international law, ideology, and racial dynamics, offering a thought-provoking perspective on the challenges and opportunities facing a world striving for racial equality and inclusivity. His work prompts us to reevaluate the role of international law in shaping the global landscape and to consider the potential unintended consequences of legal frameworks on marginalized communities.

Weight: 686g
Dimension: 162 x 241 x 27 (mm)
ISBN-13: 9780198862161