SOAS Research Online

Abstract

This thesis constitutes an attempt to examine the constantly developing role of EU migration law within the 'new world order'. This new world order, which some define as globalisation, is analysed through the concept of imperialism in this thesis, reflecting current theoretical debates on this issue. The main argument presented is that EU migration law, as part of an emerging 'global migration management', has become a cornerstone in creating and reproducing unequal global power relations in the current era of capitalist development, thereby helping to secure EU imperialist interests. Based on theoretical discussions on current forms of imperialism, the state and law, this thesis explores the role that treaties and legal provisions regulating migration within and outside the European Union today play with regard to global hegemony. Particular focus is therefore given to the question of how to define imperialism today, how the nation-state is changing with regard to globalisation and finally the role that global migration management plays within these changes. Characteristic of the emerging migration management in the EU is the inclusion of migration clauses in EU external relations, a development which is often termed 'the globalisation of migration control', as well as the rationalisation of immigration control with the intent to negotiate labour and capital relations within the EU. Both policy trends appear to be an attempt to remain competitive in the global economy as well as to control autonomous aspects of international migration that stand in opposition to state interests. These legal developments are outlined and criticised in this thesis and placed in relation to imperialism. Although the basis of this thesis is predominantly theoretical, it also uses examples of the implementation of legal practices from Germany and the UK with regard to migration control so as to underline and illuminate the arguments presented.