Xenophobic Discrimination.
This article presents a general account of xenophobic discrimination in international law. It shows that the dominant grounds‐based approach to addressing xenophobic discrimination as either (i) racial discrimination or (ii) discrimination based on nationality or citizenship, fails to capture what i...
| Published in: | Modern Law Review Vol. 87; no. 1; pp. 80 - 111 |
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| Format: | Article |
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Wiley-Blackwell
Jan2024
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=174378117&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 174378117 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Jan2024 vid: 87 iid: 1 pid: 480 pub: Wiley-Blackwell artinfo: ui: 174378117 10.1111/1468-2230.12829 ppf: 80 ppct: 31 formats: fmt: – @attributes: type: T – @attributes: type: P size: 307KB tig: atl: Xenophobic Discrimination. aug: au: Atrey, Shreya su: International law Race discrimination Xenophobia Social participation Discrimination in law enforcement sug: subj: International law Race discrimination Xenophobia Social participation Discrimination in law enforcement ab: This article presents a general account of xenophobic discrimination in international law. It shows that the dominant grounds‐based approach to addressing xenophobic discrimination as either (i) racial discrimination or (ii) discrimination based on nationality or citizenship, fails to capture what is wrong about xenophobic discrimination. Likewise, the suggestion to address xenophobic discrimination via a dedicated ground like foreignness may also fail given the inherently intersectional character of foreignness as in turn constituted by other grounds. Instead, xenophobic discrimination can be understood as a sui generis category of discrimination which is not necessarily based on a particular ground, but which leads to the particular harm of disbelongingness or civic ostracisation which excludes people from participating in the social, political, economic and cultural life of the communities they find themselves in. The article thus makes three contributions: first, it proposes a shift away from a grounds‐based to a harm‐based approach to discrimination in international law; secondly, it delineates the nature of harm entailed in xenophobic discrimination; and thirdly, it shows why such harm should be treated as prima facie wrongful in international law. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2024 holdings: @attributes: islocal: N |
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