2 Indiana Journal of Global Legal Studies 79 (1994)
In this article, Professor Scanlan argues that in spite of recent
trends toward globalism, traditionally composed nation-states,
especially the United States, will continue to exercise localized
control over immigration and receiving nations may pursue
increasingly restrictive policies. The author begins with a history
of recent U.S. and European Union (EU) immigration policies,
positing that State self-interest has always played a central role.
Next, he traces the post-World War II development of the
"international refugee regime" as well as the development of the
European Union's "open"- labor market. Professor Scanlan
predicts that international agencies will become less efficacious for
several reasons, including the loss of their galvanizing force, the
fight against communism. Next he argues that though labor moves
relatively freely throughout EU Member States, the EU's stance on
immigration from non-EU States has become more and more
restrictionist. Further, to the extent the labor market is open, the
situation developed out of circumstances peculiar to post-War
Europe, and therefore the EU example provides little hope that
North America will become similarly unified. The author concludes
with a prediction that with the possible exception of concerted
responses to emergencies, the nation-states of the developed world
will continue to pursue self-interested immigration policies,
including the vigorous guarding of their borders.
"A View from the United States - Social, Economic, and Legal Change, the Persistence of the State, and Immigration Policy in the Coming Century,"
Indiana Journal of Global Legal Studies: Vol. 2
, Article 8.
Available at: http://www.repository.law.indiana.edu/ijgls/vol2/iss1/8