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Towards Post-National and Denationalized Citizenship

SASKIA SASSEN

Most of the scholarship on citizenship has the international human rights regime. The claimed a necessary connection to the second is the emergence of multiple actors, national state. The transformations afoot groups and communities partly strengthened today raise questions about this proposition by these transformations in the state and in so far as they significantly alter those increasingly unwilling to automatically conditions which in the past fed that articu- identify with a nation as represented by the lation between citizenship and the national state. The growth of the Internet and linked state. If this is indeed the case, then we need technologies has facilitated and often to ask whether national conceptions of enabled the formation of cross-border citizenship deserve the presumptions of networks among individuals and groups with legitimacy and primacy that they are almost shared interests that may be highly speciali- always granted. This chapter interrogates zed, as in professional networks, or involve the validity of this presumption and in so particularized political projects, as in human doing underlines the historicity of both the rights and environmental struggles. This has institution of citizenship and that of national engendered or strengthened alternative state sovereignty. It is becoming evident notions of community of membership. today that far from being unitary, the insti- These new experiences and orientations of tution of citizenship has multiple dimen- citizenship may not necessarily be new; in sions, only some of which might be some cases they may well be the result of inextricably linked to the national state. This long gestations or features that were there chapter discusses the rapidly growing litera- since the beginning of the formation of ture that is documenting and conceptualiz- citizenship as a national institution, but are ing these issues, with particular attention to only now evident because enabled by post-national conceptions of citizenship. current developments. The context for this possible transforma- One of the implications of these develop- tion is defined by two major, partly inter- ments is the possibility of post-national connected conditions. One is the change in forms of citizenship (Soysal, 1994; the position and institutional features of Jacobson, 1996; Feldblum, 1998; see multi- national states since the 1980s resulting ple chapters in Isin, 2000). The emphasis in from various forms of globalization. These this formulation is on the emergence of range from economic privatization and locations for citizenship outside the con- deregulation to the increased prominence of fines of the national state. The European SISIN17.QXD 4/3/2002 6:43 PM Page 278

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passport is, perhaps, the most formalized of (Sassen, 1996, 2002) I have conceptualized these. But the emergence of a reinvigorated these trends as a denationalizing of particu- cosmopolitanism (Turner, 2000; Nussbaum, lar aspects of citizenship to be distinguished 1998) and of a proliferation of transnation- from post-national developments. I return to alisms (M. Smith and Guarnizo, 1998; this in a later section. R. Smith, 1997; Basch et al., 1994) have been key sources for notions of post-national citizenship. As Bosniak (2000) has put it, CITIZENSHIP AND NATIONALITY there is a reasonable case to be made that the experiences and practices associated with citizenship do, in variable degrees, have In its narrowest definition citizenship locations that exceed the boundaries of the describes the legal relationship between the territorial nation-state. Whether it is the individual and the polity. This relation can organization of formal status, the protection in principle assume many forms, in good of rights, citizenship practices, or the part depending on the definition of the experience of collective identities and soli- polity. In Europe this definition of the polity darities, the nation-state is not the exclusive was originally the city, both in ancient and site for their enactment. It remains by far the in medieval times. But the configuration of most important site, but the transformations a polity reached its most developed form in in its exclusivity signal a possibly important the national state, making it eventually a new dynamic. dominant form worldwide. It is the evolu- A second dynamic is becoming evident tion of polities along the lines of state which, while sharing aspects with post- formation that gave citizenship in the West national citizenship, is usefully distin- its full institutionalized and formalized guished from it in that it concerns specific character and that made nationality a key transformations inside the national state component of citizenship. which directly and indirectly alter specific Today the terms citizenship and nationality aspects of the institution of citizenship. both refer to the national state. In a technical These transformations are not predicated legal sense, while essentially the same necessarily on a relocating of citizenship concept, each term reflects a different legal components outside the national state, as is framework. Both identify the legal status of key to conceptions of post-national citizen- an individual in terms of state membership. ship. Changes in the law of nationality But citizenship is largely confined to the entailing a shift from purely formal to effec- national dimension, while nationality refers to tive nationality, and enabling legislation the international legal dimension in the allowing national courts to use international context of an interstate system. The legal instruments, are two instances that capture status entails the specifics of whom the state some of these transformations inside the recognizes as a citizen and the formal basis national state. More encompassing changes, for the rights and responsibilities of the captured in notions of privatization and individual in relation to the state. International shrinking welfare states, signal a shift in the law affirms that each state may determine relationship of citizens to the state. These who will be considered a citizen of that state.1 and other developments all point to impacts Domestic laws about who is a citizen vary on citizenship that take place inside formal significantly across states and so do the defini- institutions of the national state. It is useful tions of what it entails to be a citizen (see to distinguish this second dynamic of trans- various chapters in this volume). Even within formation inside the national state because Europe, let alone worldwide, there are marked most of the scholarship on these issues is differences in how citizenship is articulated about post-national citizenship and has and hence how non-citizens are defined. either overlooked these trends or interpreted To understand the nature of the transfor- them as post-national. In my own work mations we seek to capture through terms SISIN17.QXD 4/3/2002 6:43 PM Page 279

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such as post-national and denationalized after wars or the imposition of a new nation- citizenship it is helpful to situate the nation- state on an underlying older one (Marrus, alizing of citizenship. The shift of citizen- 1985). There were no international accords ship into a national state institution and on dual nationality, a sharp contrast with the away from one centred in cities and civil 1990s, which have seen a proliferation of society was part of a larger dynamic of such accords. This negative perception of change. Key institutional orders began to dual nationality continued into the first half scale at the national level: warfare, indus- of the twentieth century and well into the trial development, educational and cultural 1960s. The main effort by the international institutions. These were all at the heart of system was to root out the causes of dual the formation and strengthening of the nationality by means of multilateral codifi- national state as the key political community cation of the law on the subject (Rubenstein, and crucial to the socialization of indivi- and Adler, 2000). duals into national citizenship. It is in this The major transformations over the last context that nationality becomes a central two decades have once again brought condi- constitutive element of the institution of tions for a change in the institution of citizenship in a way that it was not in the citizenship and its relation to nationality, medieval cities described by Weber. and they have brought about changes in the The evolution of the meaning of national- legal content of nationality. It is probably ity captures some of these transformations. the case that the particular form of the Historically, nationality is linked to the bond institution of citizenship centred on exclu- of allegiance of the individual to the sover- sive allegiance reached its high point in the eign. It dates from the European state system twentieth century and has, over the last even in some of its earliest elementary forms decade, begun to incorporate formal and and describes the inherent and permanent non-formal qualifications that contribute to bond of the subject to the sovereign. ‘No dilute that particular formalization. The man may abjure his country.’ Traditionally development in international law of nation- this bond was seen as insoluble or at least ality has moved to more flexible forms. The exclusive. But while the bond of insoluble long-lasting resistance to dual or multiple allegiance was defensible in times of limited nationality is shifting towards a selective individual mobility, it became difficult in the acceptance. According to some legal scholars face of large-scale migration which was part (Rubenstein, and Adler, 2000), in the future of the new forms of industrial development. dual and multiple nationality will become Insoluble was gradually replaced by exclu- the norm. Today more people than ever sive, hence singular but changeable, alle- before hold dual nationality (Spiro, 1997). giance as the basis of nationality. Where the For Spiro this possibility of multiple allegi- doctrine of insoluble allegiance is a product ances indicates that national citizenship of medieval Europe, the development of might be less important than it once was.3 In exclusive allegiance reflects the political so far as the importance of nationality rests context in the second half of the nineteenth on the central role of states in the interna- century. This is when state sovereignty tional state system, a decline in the impor- becomes the organizing principle of an inter- tance of this role and of this system will national system – albeit a system centred on affect the value of nationality. This would and largely ruled by Europe.2 parallel the devaluation of nation-state-based Dual nationality was incompatible with sovereignty (Sassen, 1996: Ch. 1). the absolute authority of the state over its Some of the major transformations occur- territory and its nationals (Brubaker, 1989). ring today under the impact of globalization Indeed, we see the development of a series may give citizenship yet another set of of mechanisms aimed at preventing or features as it continues to respond to the counteracting the occurrence of defacto dual conditions within which it is embedded. The nationality, such as the redrawing of borders nationalizing of the institution which took SISIN17.QXD 4/3/2002 6:43 PM Page 280

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place over the last several centuries may legal status and as a normative project or an today give way to a partial denationalizing. aspiration. Current conditions have led to a A fundamental dynamic in this regard is the growing emphasis on claims and aspirations growing articulation of globalization with that go beyond the formal legal definition of national economies and the associated with- rights and obligations. Most recently there drawal of the state from various spheres of has also been a reinvigoration of theoretical citizenship entitlements. One could posit distinctions: communitarian and delibera- that this thinning if not decline of Marshall’s tive, republican and liberal. concept of evolving citizenship towards Yet more often than not the nation-state is social rights raises the possibility of a corres- the typically implicit frame within which ponding dilution of loyalty to the state. In these distinctions are explored. In this sense, turn, citizens’ loyalty may be less crucial to much of this literature cannot be read as the state today than it was at a time of intense post-national even when it seeks to locate warfare and its need for loyal citizen- citizenship in areas that go beyond the soldiers (Turner, 2000).4 Masses of troops formal political domain. Nonetheless, this today can be replaced by technologically deconstruction of citizenship has also fed a intensive methods of warfare. In the highly much smaller but growing scholarship which developed world, warfare has become a less begins to develop notions of citizenship not significant event partly due to economic based on the nation-state, whether under- globalization, that is to say, the fact that cru- stood in narrow political terms or broader cial economic systems and dynamics scale at sociological and psychological terms. The the global level. One key aspect is the impact growing prominence of the international of increasingly strong supranational institu- human rights regime has played an impor- tions that challenge the authority of nation- tant theoretical and political role in strength- states; the EU, IMF, World Bank, WTO, and ening post-national conceptions even as it other such supranational institutions can has underlined the differences between determine key features of domestic eco- citizenship rights and human rights. nomic performance. Global firms and global Recently there have been several efforts markets do not want the rich countries to to organize the various understandings of fight wars among themselves. The ‘interna- citizenship one can find in the scholarly tional’ project is radically different from literature: citizenship as legal status, as what it was in the nineteenth and first half of possession of rights, as political activity, as the twentieth centuries. a form of collective identity and sentiment. (Kymlicka and Norman, 1994; Carens, 1996–7; Kratochwil, 1994; Vogel and Moran, 1991; Conover, 1995; Bosniak, DECONSTRUCTING CITIZENSHIP 2000). Further, some scholars (Turner, 1994; Taylor, 1994; see also generally van Steenbergen, 1994) have posited that Though often talked about as a single con- cultural citizenship is a necessary part of cept and experienced as a unitary institution, any adequate conception of citizenship, citizenship actually describes a number of while others have insisted on the importance discrete but related aspects in the relation of economic citizenship (Fernandez Kelly, between the individual and the polity. 1993) and yet others on the psychological Current developments are bringing to light dimension and the ties of identification and and accentuating the distinctiveness of these solidarity we maintain with other groups in various aspects, from formal rights to the world (Conover, 1995; Carens, 1996; practices and psychological dimensions. Pogge, 1992). These developments also bring to the fore It is important to recognize that while the tension between citizenship as a formal many of these distinctions deconstruct the SISIN17.QXD 4/3/2002 6:43 PM Page 281

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category of citizenship and hence are helpful Clearly, some of these critical literatures for formulating novel conceptions, they do not actually go beyond the nation-state do not necessarily cease to be nation- and thereby do not fit into post-national state-based. For the development of notions conceptions of citizenship, even though they of post-national citizenship it is important to may fit into a conception of citizenship as question the assumption that people’s sense partly or increasingly denationalized. of citizenship in liberal democratic states is Critical challenges to statist premises can fundamentally characterized by nation-based also be found in concepts of local citizen- frames. These questions of identity need to ship, typically at the urban level (e.g. be taken into account along with formal Magnusson, 1990, 2000; Isin, 2000), or by developments such as European Union citi- reclaiming domains of social life, often zenship and the growth of the international excluded from conventional conceptions of human rights regime. In so far as legal and politics, as sites for citizenship. Examples of formal developments have not gone very far, the latter focus on recognition of citizenship a focus on experiences of identity emerges as practices in the workplace (Pateman, 1989), crucial to post-national citizenship.5 in the economy at large (Dahl, 1989), in the The scholarship that critiques the family (Jones, 1998), in new social move- assumption that identity is basically tied to a ments (Tarrow, 1994; Magnusson, 2000). national polity can range over a broad range These are more sociological versions of of positions, many having little to do with a citizenship not confined by narrowly defined post-national conception. For some, the formal political grounds for citizenship. focus is on the fact that people often main- Again, most of the literature on civil society tain stronger allegiances to and identifica- is nationally demarcated. As for the litera- tion with particular cultural and social ture on local citizenship, it contains impor- groups within the nation than with the tant indications of trends that are of interest nation at large (Young, 1990; Taylor, 1994). to post-national and denationalized concep- Others have argued that the notion of a tions of citizenship, as discussed in a later national identity is based on the suppression section. of social and cultural differences (Friedman, Partly influence by these various critical 1989). These and others have called for a literatures and partly originating in other recognition of differentiated citizenship and fields, there is a rapidly growing literature incorporation not only as individuals but today that is beginning to elaborate notions through cultural groups (Young, 1990; of transnational civil society and citizen- Kymlicka and Norman, 1994; Taylor, 1994; ship. It focuses on new transnational forms Conover, 1995). As Torres (1998) has of political organization emerging in a con- observed, the ‘cultural pluralist’ (Kymlicka text of rapid globalization and proliferation and Norman, 1994) or multiculturalist posi- of transnational activity through NGOs tions (Spinner-Halev, 1994) do posit alter- (Smith and Guarnizo, 1998; Keck and natives to a ‘national’ sense of identity, yet Sikkink, 1998; Bonilla et al., 1998; Wapner, continue to use the nation-state as the nor- 1994). It focuses on cross-border struggles mative frame and to understand the social around human rights, the environment, arms groups involved as parts of national civil control, women’s rights, labor rights, rights society. This holds also for proposals to of national minorities. For Falk (1993) these democratize the public sphere through are citizen practices that go beyond the multicultural representation (Young, 1990; nation. Transnational activism emerges as a Kymlicka, 1995) since the public sphere is form of global citizenship which Magnusson thought of as national. Bosniak (2000) (1994: 103) describes as ‘popular politics in observes that they reject notions of citizen- its global dimension.’ Wapner (1995: ship as unitary, but the fragments continue 312–13) captures these emergent forms of to be located within national boundaries. civil society as ‘a slice of associational life SISIN17.QXD 4/3/2002 6:43 PM Page 282

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which exists above the individual and below economic globalization, global media and the state, but also across national boundaries.’ commercial culture, all of which create A growing number of scholars concerned structural interdependencies and senses of with identity and solidarity posit the rise global responsibility (Falk, 1993; Hunter, of transnational identities (Torres, 1998; 1992; Held, 1998; Sassen, 1996). Cohen, 1996; Franck, 1997) and translocal loyalties (Appadurai, 1996: 165). Bosniak (2000: 482) finds at least four forms taken TOWARDS EFFECTIVE NATIONALITY by transnationalized citizenship identity AND INFORMAL CITIZENSHIP claims. One is the growth of Europe-wide citizenship said to be developing as part of the EU integration process, and beyond the Some of these issues can be illustrated by two formal status of EU citizenship (Soysal, contrasting cases forms of local citizenship. 1994; Howe, 1991; Isin, 2000a: 1–22; Delanty, 2000). Turner has posited a grow- Unauthorized Yet Recognized ing cultural awareness of a ‘European identity’ (2000). A second focus is on the affective connections that people establish Perhaps one of the more extreme instances and maintain with one another in the context of a condition akin to effective as opposed of a growing transnational civil society to formal nationality is what has been called (Cohen, 1995; Lipschutz, 1996; Lister, the informal social contract that binds 1997). Citizenship here resides in identities undocumented immigrants to their com- and commitments that arise out of cross- munities of residence (Schuck and Smith, border affiliations, especially those associ- 1985). Thus, unauthorized immigrants who ated with oppositional politics (Falk, 1993), demonstrate civic involvement, social though it might include the corporate pro- deservedness, and national loyalty can argue fessional circuits that are increasingly forms that they merit legal residency. To make this of partly deterritorialized global cultures brief examination more specific, I will focus (Sassen, 2001). on one case, undocumented immigrants in A third version is the emergence of the USA. Individuals, even when undocu- transnational social and political communi- mented immigrants, can move between the ties constituted through transborder migra- multiple meanings of citizenship. The daily tion. These begin to function as bases for practices by undocumented immigrants as new forms of citizenship identity to the part of their daily life in the community extent that members maintain identification where they reside (raising a family, school- and solidarities with one another across ing children, holding a job) earn them citi- state territorial divides (Portes, 1996; Basch zenship claims in the USA even as the et al., 1994; R. Smith, 1997; M. Smith and formal status and, more narrowly, legaliza- Guarnizo, 1998; Soysal, 1997). These are, tion may continue to evade them. Certain then, citizenship identities that arise out of dimensions of citizenship, such as strong networks, activities, ideologies that span the community ties and participation in civic home and the host society (Basch et al., activities, are being enacted informally 1994). A fourth version is a sort of global through these practices. These practices sense of solidarity and identification, partly produce an at least partial recognition of the out of humanitarian convictions (Slawner individuals as full social beings. In many and Denham, 1998; Pogge, 1993). Notions countries around the world, including the of the ultimate unity of human experience USA, long-term undocumented residents are part of a long tradition. Today there are often can gain legal residence if they can also more practical considerations at work, document the fact of this long-term resi- as in global ecological interdependence, dence and ‘good conduct.’ US immigration SISIN17.QXD 4/3/2002 6:43 PM Page 283

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law recognizes such informal participation US-based activist organizations in this as grounds for granting legal residency. For effort. The Salvadoran government was thus instance, prior to the new immigration law supporting Salvadorans who were formerly passed in 1996, individuals who could prove excluded citizens – they needed those remit- seven years of continuous presence and tances to keep coming and they needed the good moral character, and that deportation emigrants to stay out of the Salvadoran would be an extreme hardship, were eligible workforce, given high unemployment. Thus for suspension of deportation, and thus, US the participation of these undocumented residency. NACARA6 extended the eligibil- migrants in cross-border community, family ity of this suspension of deportation to some and political networks has contributed to 300,000 Salvadorans and Guatemalans who increasing recognition of their legal and were unauthorized residents in the USA. political rights as Salvadoran citizens The case of undocumented immigrants is, (Coutin, 2000; Mahler, 1995; see Sassen, in many ways, a very particular and special 2002 for the case of several other countries). illustration of a condition akin to ‘effective’ According to Coutin (2000) and others, citizenship and nationality. One way of movements between membership and exclu- interpreting this dynamic in the light of the sion, and between different dimensions of discussion in the preceding sections is to citizenship, legitimacy and illegitimacy, may emphasize that it is the fact of the multiple be as important as redefinitions of citizenship dimensions of citizenship which engenders itself. Given scarce resources, the possibility strategies for legitimizing informal or extra- of negotiating the different dimensions of cit- statal forms of membership (Soysal, 1994; izenship may well represent an important Coutin, 2000). The practices of these enabling condition. Undocumented immi- undocumented immigrants are a form of grants develop informal, covert, often extra- citizenship practices and their identities as statal strategies and networks connecting members of a community of residence them with communities in sending countries. assume some of the features of citizenship Home towns rely on their remittances and identities. Supposedly this could hold even their information about jobs in the USA. The in the communitarian model where the com- sending of remittances illegally by an unau- munity can decide on whom to admit and thorized immigrant can be seen as an act of whom to exclude, but once admitted, proper patriotism, and working as an undocumented civic practices earn full membership. immigrant can be seen as contributing to the Further, the practices of migrants, even if host economy. Multiple interdependencies undocumented, can contribute to recogni- are thereby established and grounds for tion of their rights in countries of origin. claims on the receiving and the originating During the 1981–92 civil war, Salvadoran country can be established even when the migrants, even though citizens of Salvador, immigrants are undocumented and laws are were directly and indirectly excluded from broken (Basch et al., 1995; R. Smith, 1997). El Salvador through political violence, enor- mous economic hardship, and direct perse- Authorized yet Unrecognized cution (Mahler, 1995). They could not enjoy their rights as citizens. After fleeing, many continued to provide support to their fami- At perhaps the other extreme of the undocu- lies and communities. Further, migrants’ mented immigrants whose practices allow remittances became a key factor for EL them to become accepted as members of the Salvador’s economy – as they are for several political community is the case of those countries around the world. The government who are full citizens yet not recognized as of EL Salvador actually began to support the political subjects. In an enormously insight- emigrants, fight to obtain residency rights in ful study of Japanese housewives, LeBlanc the USA, even though they were joining finds precisely this combination. SISIN17.QXD 4/3/2002 6:43 PM Page 284

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Being a housewife is basically a full-time other public realms has an impact on their occupation in Japan and restricts Japanese culturally specified subordinate role to men women’s public life in many important in the household. Immigrant women gain ways, both practical and symbolic. The very greater personal autonomy and indepen- identity of a ‘housewife’ in Japan is custom- dence, while immigrant men lose ground arily that of a particularistic, non-political compared to their condition in cultures of actor. Yet, paradoxically, the condition of origin. Women gain more control over being a ‘housewife’ provides these women budgeting and other domestic decisions, and with a unique vehicle for other forms of greater leverage in requesting help from public participation, ones where being a men in domestic chores. Also, their access housewife is an advantage, ones denied to to public services and other public resources those who might have the qualifications of gives them a chance to become incorporated higher-level political life. LeBlanc docu- into the mainstream society – they are often ments how the housewife has an advantage the ones in the household who mediate in in the world of local politics or the political this process. It is likely that some women life of a local area: she can be trusted pre- benefit more than others from these circum- cisely because she is a housewife, she can stances; we need more research to establish build networks with other housewives, hers the impact of class, education and income is the image of desirable public concern and on these gendered outcomes. of a powerful, because believable, critique Besides the relatively greater empower- of mainstream politics. ment of immigrant women in the household There is something extremely important associated with waged employment, there is in this condition which is shared with a second important outcome: their greater women in other cultures and vis à vis differ- participation in the public sphere and their ent issues. For instance, and in a very differ- possible emergence as public actors. Immi- ent register, women emerged as a specific grant women are active in two arenas: type of political actor during the brutal dic- institutions for public and private assistance, tatorships of the 1970s and 1980s in several and the immigrant/ethnic community. The countries of Latin America. It was precisely incorporation of women into the migration their condition as mothers and wives which process strengthens the likelihood of settle- gave them the clarity and the courage to ment and contributes to greater immigrant demand justice and to demand bread and to participation in their communities and do so confronting armed soldiers and police- vis à vis the state. For instance, Hondagneu- men. Mothers in the barrios of Santiago Sotelo (1995) found immigrant women during Pinochet’s dictatorship, the mothers come to assume more active public and of the Plaza de Mayo in Buenos Aires, the social roles, which further reinforces their mothers regularly demonstrating in front of status in the household and the settlement the major prisons in EL Salvador during the process. These immigrant women are civil war – all were driven to political action more active in community-building and by their despair at the loss of children and community activism and they are positioned husbands and the struggle to provide food in differently from men regarding the broader their homes. economy and the state. They are the ones Further, and in a very different type of that are likely to have to handle the legal vul- situation, there is an interesting parallel nerability of their families in the process of between LeBlanc’s capturing of the political seeking public and social services for their in the condition of the housewife and a set families. This greater participation by of findings in some of the research on women suggests that they may emerge as immigrant women in the USA. There is more forceful and visible actors and make growing evidence that immigrant women’s their role in the labor market more visible regular wage work and improved access to as well. SISIN17.QXD 4/3/2002 6:43 PM Page 285

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These are dimensions of citizenship and subnational level. The national as container citizenship practices which do not fit the of social process and power is cracked. This indicators and categories of mainstream cracked casing opens up possibilities for a frameworks for understanding citizenship geography of politics that links subnational and political life. Women in the condition of spaces. These dynamics are perhaps sharpest housewives and mothers do not fit the cate- in global cities around the world. They are gories and indicators used to capture partic- the terrain where a multiplicity of globaliza- ipation in public life. Feminist scholarship tion processes assume concrete, localized in all the social sciences has had to deal with forms. These localized forms are, in good a set of similar or equivalent difficulties and part, what globalization is about. Thus they tensions in its effort to constitute its subject are also sites where some of the new forms or to reconfigure a subject that has been of power can be engaged. If we consider that flattened. The theoretical and empirical cities concentrate both the leading sectors distance that has to be bridged between the of global capital and a growing share of dis- recognized world of politics and the as yet advantaged populations – immigrants, many unmapped experience of citizenship of the of the disadvantaged women, people of housewife – not of women as such, but of colour generally, and, in the megacities of women as housewives – is a distance we developing countries, masses of shanty encounter in many types of inquiry. Bridging dwellers – then we can see that cities have this distance entails both an empirical become a strategic terrain for a whole series research strategy and a theorization. of conflicts and contradictions. The conditions that today make it possible for certain kinds of cities to emerge as strate- Forms of Local Citizenship? gic sites are basically two, and both capture major transformations that are destabilizing There is something to be captured here – a older systems organizing territory and poli- distinction between powerlessness and the tics. One of these is the re-scaling of the condition of being an actor even though strategic territories that articulate the new lacking power. I use the term presence to politico-economic system. The other is the name this condition. In the context of a partial unbundling or at least weakening of strategic space such as the global city, the the national as container of social process types of disadvantaged people described due to the variety of dynamics encompassed here are not simply marginal; they acquire by globalization, including digitization. The presence in a broader political process that consequences for cities of these two condi- escapes the boundaries of the formal polity. tions are many: what matters here is that This presence signals the possibility of a cities emerge as strategic sites for major politics. What this politics will be will economic processes and that new types of depend on the specific projects and practices political actors can emerge. In so far as citi- of various communities. In so far as the zenship is embedded and in turn marked sense of membership of these communities by its embeddedness, these new conditions is not subsumed under the national, it may may well signal the possibility of new forms well signal the possibility of a transnational of citizenship practices and identities. politics centred in concrete localities. These citizenship practices have to do The large city of today emerges as a strate- with the production of ‘presence’ of those gic site for these new types of operations. It without power and a politics that claims is one of the nexuses where the formation rights to the city. Through these practices of new claims materializes and assumes new forms of citizenship are taking shape, concrete forms. The loss of power at the with the city as a key site for this type of national level produces the possibility for political work and, indeed, itself partly new forms of power and politics at the shaped through these dynamics. After the SISIN17.QXD 4/3/2002 6:43 PM Page 286

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long historical phase that saw the With denationalization I seek to capture ascendance of the national state and the scal- something that remains connected to the ing of key economic dynamics at the national national, as constructed historically, and is level, the city – a strategic scale for citizen indeed profoundly imbricated with it but is actors – is once again today a scale for so on what we can define as historically new strategic economic and political dynamics. terms of engagement. Incipient and partial are two qualifiers I usually attach to my use of denationalization. Let me elaborate. POST-NATIONAL OR From the perspective of nation-based DENATIONALIZED? citizenship theory, some of these trans- formations might be interpreted as a decline or devaluation of citizenship or, more In my reading we are dealing with two dis- favourably, as a displacement of citizenship tinct dynamics rather than only the emer- in the face of other forms of collective gence of locations for citizenship outside organization and affiliation, as yet unnamed the frame of the national state. I distinguish (Bosniak, 2000). In so far as citizenship is what I would narrowly define as denation- theorized as necessarily national, by defini- alized from post-national, the latter being tion these new developments cannot be the term most commonly used and the only captured in the language of citizenship. An one used in the broader debate. It is pre- alternative interpretation is to suspend the cisely in the differences between these national, as in post-national conceptions, dynamics that I see the potential for captur- and to posit that the issue of where citizen- ing two, not necessarily mutually exclusive, ship is enacted is one to be determined in possible trajectories for the institution of light of developing social practice (e.g. citizenship. Soysal, 1994; Jacobson, 1996). Their difference is a question of scope and From where I look at these issues, there is institutional embeddedness. The understand- a third possibility, beyond these two. It is ing in the scholarship is that post-national that citizenship, even if situated in institu- citizenship is located partly outside the tional settings that are ‘national’ is a pos- confines of the national.7 I argue that in sibly changed institution if the meaning of considering denationalization, the focus the national itself has changed. In so far as moves on to the transformation of the globalization has changed certain features of national, including the national in its condi- the territorial and institutional organization tion as foundational for citizenship. Thus it of the state, the institution of citizenship – could be argued that post-nationalism and its formal rights, its practices, its psychologi- denationalization represent two different cal dimension – has also been transformed trajectories. Both are viable, and they do not even when it remains centred in the national exclude each other. One has to do with the state, i.e. barring post-national versions of transformation of the national, specifically citizenship. I have argued, for instance, that under the impact of globalization and several this territorial and institutional transfor- other dynamics, and will tend to instantiate mation of state power and authority has pro- inside the national. The other has to do with duced operational, conceptual and rhetorical new forms that we have not even considered openings for nation-based subjects other than and might emerge out of the changed con- the national state to emerge as legitimate ditions in the world located outside the actors in international/global arenas that used national rather than out of the earlier institu- to be confined to the state. (See Indiana tional framework of the national. Thus Journal of Global Legal Studies, 1996.) Soysal’s focus on the European Union is The national remains a referent in these capturing an innovation located outside the cases. But, clearly, it is a referent of a speci- national. fic sort: it is, after all, the change of the SISIN17.QXD 4/3/2002 6:43 PM Page 287

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national that becomes the key theoretical business people (see Sassen, 1996: Ch. 2). feature through which it enters the specifi- Admittedly, this is not a common way of cation of changes in the institution of framing the issue. It comes out of my partic- citizenship. Whether this does or does not ular perspective about the impact of globali- devalue citizenship (cf. Jacobson, 1996) is zation and denationalization on the national not immediately evident to me at this point, state, including the impact on the relation partly because the institution of citizenship between the state and its own citizens, and it has undergone many transformations in its and foreign actors. I see this as a significant, history (Turner, 1993) and is to variable though not much recognized, development extents embedded in the specifics of each of in the history of claim-making. For me the its eras.8 question as to how citizens should handle This pluralized meaning of citizenship, these new concentrations of power and partly produced by the formal expansions of ‘legitimacy’ that attach to global firms and the legal status of citizenship, is today con- markets is a key to the future of democracy. tributing to explode the boundaries of that My efforts to detect the extent to which the legal status even further. One of the ironies global is embedded and filtered through the is that in so far as the enjoyment of rights is national (e.g. the concept of the global city) is crucial to what we understand citizenship to one way of understanding whether there lies be, it is precisely the formalized expansion a possibility therein for citizens, still largely of citizen rights which has weakened the confined to national institutions, to demand ‘national grip’ on citizenship. Notable here accountability of global economic actors is also the emergence of the human rights through national institutional channels, rather regime partly enabled by national states. than having to wait for a ‘global’ state. Again, from where I look at the question, it Thus, while I would agree with those who seems to me that this transformation in posit that accentuating the national is a nation-based citizenship is not only due to handicap in terms of democratic participa- the emergence of non-national sites for tion in a global age, I would argue that it is legitimate claim-making, i.e. the human not an either-or proposition precisely rights regime, as is posited in the post- because of this partial embedding of the national conception. I would add two other global in the national. (See in this regard elements that show that this loosening grip also Aman, Jr., 1998). There is indeed a is also related to changes internal to the growing gap between the globalization of national state. more and more parts of reality and the con- First, and most important in my reading, is finement of the national state to its territory. the strengthening, including the constitution- But it is inadequate to simply accept the pre- alizing, of civil rights which allow citizens to vailing wisdom in this realm which, wit- make claims against their states and allow tingly or not, presents the national and the them to invoke a measure of autonomy in the global as two mutually exclusive domains – formal political arena that can be read as a for theorization and for politics. I find this a lengthening distance between the formal highly problematic proposition even though apparatus of the state and the institution of I recognize that each of these domains has citizenship. The implications, both political specificity (Sassen, 2002). It is enormously and theoretical, of this dimension are com- important to develop forms of participatory plex and in the making: we cannot tell what politics that decentre, and sometimes tran- practices and rhetorics might be invented. scend national political life, and to learn Secondly, I add to this the granting, by how to practice democracy across borders. national states, of a whole range of ‘rights’ In this I fully support the political project of to foreign actors, largely and especially post-national citizenship. I would just add to economic actors – foreign firms, foreign this that we also can engage in democratic investors, international markets, foreign practices that cross borders and engage the SISIN17.QXD 4/3/2002 6:43 PM Page 288

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global from within the national and through as well. This is already evident in a variety national institutional channels. of instances. One example is the decision by Two big changes of the last decade, in First Nation people to go directly to the UN this regard, are the growing weight of the and claim direct representation in interna- human rights regime on states under the rule tional fora, rather than going through the of law and the growing use of human rights national state. And it is evident in the instruments in national courts both in inter- increasingly institutionalized framework of pretation and adjudication. These are the international human rights regime and instances of denationalization in so far as the the emergent possibilities for bypassing uni- mechanisms are internal to the national state – lateral state sovereignty. For many, citizen- national courts and legislatures–while the ship is a normative project whereby social instruments invoke an authority that tran- membership becomes increasingly compre- scends the national state and the interstate hensive and open-ended. Globalization and system.9 The long-term persuasive powers human rights are further enabling this ten- of human rights are a significant factor in sion and therewith enabling the elements of this context. It is important to note here that a new discourse on rights. Though in very the human rights regime, while interna- different ways, both globalization and the tional, deals with citizens inside a state. It human rights regime have contributed to thereby destabilizes older notions of exclu- destabilizing existing political hierarchies of sive state sovereignty articulated in inter- legitimate power and allegiance over the last national law which posit that matters decade. These developments raise a funda- internal to a country are solely to be deter- mental question about what is the analytic mined by the state. terrain within which we need to place the question of rights, authority and obligations of the state and the citizen. CONCLUSION

NOTES Two aspects emerge as crucial from this analysis. The history of interactions between differential positionings and expanded 1 Nationality is important in international law in a inclusions signals the possibility that the variety of contexts. Treaties and conventions in turn can new conditions of inequality and difference impact nationality. 2 This is quite evident in how nationality was evident today and the new types of claim- conceived. The aggressive nationalism and territorial com- making they produce may well bring about petition between states in the eighteenth, nineteenth and further transformations in the institution. well into the twentieth centuries made the concept of dual Citizenship is partly produced by the prac- nationality generally undesirable, incompatible with indi- tices of the excluded. Secondly, by expand- vidual loyalties and destabilizing of the international order. ing the formal inclusionary aspect of 3 Soysal (1994) and Feldblum (1998) interpret the citizenship, the national state contributed, increase in dual nationality in terms of post-national citizenship rather than a mere devaluing of national alle- perhaps ironically, to creating some of the giance. I would argue that it is a partial denationalizing of conditions that eventually would facilitate citizenship. key aspects of post-national and denational- 4 Further, during industrialization, class formation, class ized citizenship. This again signals the struggles, and the advantages of employers or workers possibility of an expanded arena for post- tended to scale at the national level and became identified national and denationalized conceptions of with state-produced legislation and regulations, entitle- ments and obligations. The state came to be seen as a key to citizenship. ensuring the well-being of significant portions of both the The pressures of globalization on national working class and the bourgeoisie. The development of states may mean that claim-making will welfare states in the twentieth century became a crucial increasingly be directed at other institutions institutional domain for granting entitlements to the poor SISIN17.QXD 4/3/2002 6:43 PM Page 289

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and the disadvantaged. Today, the growing weight given to Appadurai, Arjun (1996) Modernity at Large. notions of the ‘competitiveness’ of states puts pressure on Minneapolis: University of Minnesota Press. states to cut down on these entitlements. This in turn Barber, Benjamin (1984) Strong Democracy: weakens the reciprocal relationship between the poor and Participatory Politics for a New Age. Berkeley: the state. Finally, the growth of unemployment and the fact University of California. that many of the young are developing weak ties to the Basch, Linda, Glick Schiller, Nina and Szanton-Blanc, labor market, once thought of as a crucial mechanism for Cristina (1994) Nations Unbound: Transnationalized the socialization of young adults, will further weaken the Projects and the Deterritorialized Nation-State. loyalty and sense of reciprocity between these future adults New York: Gordon and Breach. and the state (Roulleau-Berger, 2001; Munger, 2001). Bauböck, Rainer (1994) Transnational Citizenship: 5 In this regard, a focus on changes inside the national Memberships and Rights in International Migration. state and the resulting possibility of new types of formali- Aldershot, England: Edward Elgar. zations of citizenship status and rights – formalizations Benhabib, Seyla (1998) ‘European Citizenship’, Dissent, that might contribute to a partial denationalizing of certain Fall: 107–15. features of citizenship – should be part of a more general Bhabha, Jacqueline (1998) ‘“Get Back to Where You examination of change in the institution of citizenship. Once Belonged”: Identity, Citizenship and Exclusion in Distinguishing post-national and denationalized dynamics Europe’, Human Rights Quarterly, 20 (3): 592–627. in the construction of new components of citizenship Bonilla, Frank, Melendez, Edwin, Morales, Rebecca and allows us to take account of changes that might still use Torres, Maria de los Angeles (eds) (1998) Borderless the national frame yet are in fact altering the meaning of Borders. Philadelphia: Temple University Press. that frame. I return to this later. Bosniak, Linda S. (1992) ‘Human Rights, State Sovereignty 6 NACARA is the 1997 Nicaraguan Adjustment and and the Protection of Undocumented Migrants Under Central American Relief Act. It created an amnesty for the International Migrant Workers Convention’, 300,000 Salvadorans and Guatemalans to apply for suspen- International Migration Review, xxv (4): 737–70. sion of deportation. This is an immigration remedy that had Bosniak, Linda S. (2000) ‘The State of Citizenship: been eliminated by the Illegal Immigration Reform and Citizenship Denationalized’, Indiana Journal of Global Immigrant Responsibility Act in 1996 (see Coutin, 2000). Legal Studies, 7 (2): 447–510. 7 See notably Soysal’s (1994) trend-setting book; see Brecher, Jeremy and Costello, Tim (eds) (1993) Global also Bosniak (2000) who, while using the term denation- Visions: Beyond the New World Order. Boston: South alized, actually is using it to denote post-national, and it is End Press. the post-national concept that is crucial to her critique. Brodie, Janine (2000) ‘Imagining democratic urban citi- 8 In this regard, I have emphasized as significant zenship’, in Engin Isin (ed.), Democracy, Citizenship (Sassen, 1996: Ch. 2) the introduction in the new consti- and the Global City. London and New York: Routledge, tutions of South Africa, Brazil, Argentina and the Central pp. 110–28. European countries, of a provision that qualifies what had Brubaker, W Rogers (ed.) (1989) Immigration and the been an unqualified right (if democratically elected) of the Politics of Citizenship. Lanham, New York, and sovereign to be the exclusive representative of all its London: University Press of America (with the German people in international fora. Significant here is also the Marshall Fund of the USA). fact that in many Western-style democracies, the USA Carens, Joseph H. (1989) ‘Membership and Morality: especially, it was through national law that many of these Admission to Citizenship in Liberal Democratic inclusions of distinct sectors of the population and their States’, in W. Rogers Brubaker (ed.) Immigration and claims were instituted, inclusions which today are desta- the Politics of Citizenship. Lanham, New York and bilizing older notions of citizenship. (For elaborations of London: University Press of America, pp. 31–49. these issues see Sassen, 2002). 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