The Shifting and Multiple Border and International Law

摘要

The question of how the ‘border’ is conceived in international law, and how it shapes identity and peoples’ lives, remains largely unexplored in the international legal literature. This article seeks to contribute to our understanding of the meaning of the border in international law, and in the contemporary context, by drawing on the work of the philosopher and political theorist, étienne Balibar, and by reflecting, in the light of his work, on the recent decision of the House of Lords in R v Immigration Officer at Prague Airport. It is shown that international law's focus on the territorial border may render invisible other borders which are significant for subaltern groups, and thereby fail to address the manner in which borders affect lives and determine outcomes. Borders are not stable and ‘univocal’, but instead, ‘multiple’, shifting in meaning and function from group to group. They are also being ‘exported’ such that a person may experience a foreign border while still within the territory of their own country. In highlighting the multiplicity of borders, the article seeks to prompt further reflection on the articulation and application of norms of international law in a way that addresses the realities of the contemporary context.