Westphalia, Migration, and Feudal Privilege Cover Image

Westphalia, Migration, and Feudal Privilege
Westphalia, Migration, and Feudal Privilege

Author(s): Harald Bauder
Subject(s): Civil Society, Public Law, International relations/trade, Security and defense, Migration Studies
Published by: Transnational Press London
Keywords: Westphalian Treaties; sovereignty; feudal privilege, migration; territory;

Summary/Abstract: Most people acquire citizenship at birth; and modern liberal states regulate the migration of non-citizens as a matter of their sovereignty. Do contemporary border and migration controls based on citizenship therefore enforce the continuation of feudal birth privilege? In this paper I interrogate this question by examining the role of migration controls in the Westphalian Treaties, which define a milestone in the development of territorial state sovereign. I find that the Treaties assumed that a sovereign’s subjects are not free to cross territorial borders, and that migration controls continue to enforce birth privilege. However, while feudal sovereigns ruled by bondage, modern liberal states rule by exclusion.

  • Issue Year: 15/2018
  • Issue No: 3
  • Page Range: 333-346
  • Page Count: 14
  • Language: English