Document Type


Publication Date

Fall 1994

Publication Citation

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.