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     studies and landmarks

This page highlights writing about passports, citizenship documentation and travel surveillance schemes. It also indicates landmarks in the development of international travel documentation.

It covers -

• passports - key writings about passport history and legal frameworks
• citizenship and national identity - studies about the changing nature of citizenship
• refugees and borders - political, legal and other aspects of international and Australian refugee policy
• travel surveillance - government and other studies about traveller identification, screening and surveillance
• tourists and territories - the emergence of tourism, border restrictions and registration regimes
• rights of assembly - works on rights of assembly and surveillance
• landmarks - a chronology of the history of the passport

     passports and visas

John Torpey's The Invention of the Passport: Surveillance, Citizenship & the State (Cambridge: Cambridge Uni Press 2000) and Mark Salter's Rights of Passage: The Passport in International Relations (Boulder: Rienner 2003) are essential reading. Also recommended are Torpey's 1998 paper Coming and Going: On the State Monopolization of the Legitimate Means of Movement and Documenting Individual Identity: The Development of State Practices since the French Revolution (Princeton: Princeton Uni Press 2001) co-edited by Jane Caplan.

Mervyn Matthews' The Passport Society: Controlling Movement in Russia and the USSR (Boulder: Westview 1993), Daniel Turack's The Passport in International Law (Lexington: Lexington Books 1972), papers in Migration Control in the North Atlantic World: The Evolution of State Practices in Europe and the US from the French Revolution to the Inter-War Period (New York: Berghahn 2003) edited by Andreas Fahrmeir, Olivier Faron & Patrick Weil and The History of Diplomatic Immunity (Columbus: Ohio State Uni Press 1999) by Linda & Marsha Frey are also of value.

     citizenship and national identity

For an exploration of citizenship and national identity see Rogers Brubaker's Citizenship & Nationhood in France and Germany (Cambridge: Harvard Uni Press 1992), Andreas Fahrmeir's Citizens & Aliens: Foreigners and the Law in Britain and the German States, 1789-1870 (New York: Berghahn 2001), James Kettner's The Development of American Citizenship, 1608-1870 (Chapel Hill: Uni of North Carolina Press 1978), Peter Sahlins' Unnaturally French: Foreign Citizens in the Old Regime and After (Ithaca: Cornell Uni Press 2004), Charlotte Wells' Law & Citizenship in Early Modern France (Baltimore: Johns Hopkins Uni Press 1995), Maxim Silverman's Deconstructing the Nation: Immigration, Racism and Citizenship in Modern France (London: Routledge 1992) and Frank Caestecker's Alien Policy in Belgium, 1840-1940: The Creation of Guest Workers, Refugees and Illegal Immigrants (New York: Berghahn 2000).

     refugees and borders

For refugees see in particular James Hathaway's The Law of Refugee Status (London: Butterworths 1991), Atle Grahl-Madsen's The Status of Refugees In International Law (Leiden: Sijthoff 1972), Guy Gill's The Refugee in International Law (Oxford: Clarendon Press 1996), M. Anne Brown's Human Rights & the borders of suffering: The promotion of human rights in international politics (Manchester: Manchester Uni Press 2002) and Refugees and Forced Displacement: International Security, Human Vulnerability & the State (Tokyo: United Nations Uni Press 2003) edited by Edward Newman & Joanne van Selm. Other work regarding human rights is highlighted here.

Michael Marrus' The Unwanted: European Refugees in the Twentieth Century (New York: Oxford Uni Press 1985) is an exemplary account, supplemented by Saskia Sassen's Guests and Aliens (New York: New Press 1999) and The Uprooted: Forced Migration as an International Problem in the Post-War Era (Lund: Lund Uni Press 1990) edited by Goren Rystad.

Other works of value include Identities, borders, orders: rethinking international relations theory (Minneapolis: Uni of Minnesota Press 2001) edited by Matthias Albert & Yosef Lapid, Refugee Rights & Realities: Evolving international concepts and realities (New York: Cambridge Uni Press 1999) edited by Frances Nicholson & Patrick Twomey, Mistrusting Refugees (Berkeley: Uni of California Press 1995) edited by Valentine Daniel & John Knudsen, Beyond Charity: International Cooperation and the Global Refugee Crisis (Oxford: Oxford Uni Press 1993) by Gil Loescher and Refugees in Inter-war Europe: The Emergence of a Regime (Oxford: Clarendon Press 1995) by Claudena Skran.

An Australian perspective is provided in the modish In Fear of Security: Australia's Invasion Anxiety (Annandale: Pluto Press 2001) by Anthony Burkea and Asylum seekers: Australia's Response to Refugees (North Carlton: Melbourne Uni Press 2001) by Don McMaster, Borderline: Australia's treatment of refugees and asylum seekers (Sydney: UNSW Press 2001) by Peter Mares and Protecting Australia's Maritime Borders: The MV Tampa & Beyond (Wollongong Papers on Maritime Policy No. 13) (Wollongong: Uni of Wollongong 2002) edited by Chris Rahman & Martin Tsamenyi. For Kisch see Heidi Zogbaum's Kisch in Australia: the untold story (Carlton North: Scribe 2004).

For legal background see in particular Refugee Law in Australia (Oxford: Oxford Uni Press 2003) by Roz Germov & Francesco Motta and Future Seekers: Refugees and the Law in Australia (Annandale: Federation Press 2002) by Mary Crock & Ben Saul.

Other sites include the United Nations High Commissioner for Refugees (UNHCR), Human Rights Watch (HRW) and the Australian Human Rights Centre (AHRC).

     traveller data and travel surveillance

Until recently there has been little scholarly writing on privacy aspects of travel information, with much of the literature concentrating on the regulation of computerised reservation systems. We have highlighted a range of government and academic studies in discussing spatial privacy elsewhere on this site.

For recent Australian developments several reports by the Australian National Audit Office and parliamentary committees are of particular value, notably in the absence of comprehensive analysis from the federal Privacy Commissioner.

Key parliamentary committee documents include the -

• 2004 report of the Review of Aviation Security by the federal parliament Joint Committee on Public Accounts & Audit (JCPAA)

Key reports by the federal Auditor-General (ANAO) include -

• 2003 Aviation Security in Australia report
• 2003 Passport Services report
• 2004 Onshore Compliance - Visa Overstayers and Non-Citizens Working Illegally report
• 1999 Electronic Travel Authority report

     tourists and territories

The literature on tourism is large but is essentially concerned with questions relating to services, choice of destination and cultural impacts rather than traveller identification.

Points of entry include Tourism & Political Boundaries (New York: Routledge 2001) by Dallen Timothy & Geoffrey Wall, Travel Industry Economics: A Guide for Financial Analysis (Cambridge: Cambridge Uni Press 2001) by Harold Vogel, Being Elsewhere: Tourism, Consumer Culture & Identity in Modern Europe and North America (Ann Arbor: Uni of Michigan Press 2001) edited by Shelley Baranowski & Ellen Furlough, Routes: Travel and Translation in the Late Twentieth Century (Cambridge: Harvard Uni Press 1997) by James Clifford and Across the Lines: Travel, Language, Translation (Cork: Cork Uni Press 2000) by Michael Cronin.

Historical perspectives are offered in History of Tourism: Thomas Cook & the Origins of Leisure Travel (London: Routledge 1998) by Paul Smith, Rupert Christiansen's The Visitors: Culture Shock in Nineteenth-Century Britain (London: Pimlico 2001), Lynne Withey's Grand Tours and Cook's Tours: A History of Leisure Travel, 1750-1915 (London: Aurum 1998), Paul Fussell's waspish Abroad: British Literary Traveling between the Wars (Oxford: Oxford Uni Press 1980) and Battlefield Tourism: Pilgrimage & the Commemoration of the Great War in Britain, Australia and Canada, 1919-1939 (Oxford: Berg 1998) by David Lloyd.

Pointers to writing about rail, road, air and sea traffic feature elsewhere on this site.

     rights of assembly

Pointers to works on the International Covenant on Civil & Political Rights and other global frameworks are found in the Human Rights profile elsewhere on this site, along with comments on writing about human rights principles.

For an overview of contemporary demonstration regimes see General Principles Governing Freedom Of Assembly & Public Events (PDF) by Neil Jarman & Dominic Bryan. For Australia insights are offered by the Unlawful Assemblies and Processions Act 1958 Issues Paper released in 1999 by the Victorian Parliament Scrutiny of Acts & Regulations Committee. Legislation and practice in China is explored in Geor Hintzen's Protest Your Loyalty: An Analysis of the Rights of Assembly, Procession, and Demonstration in the People's Republic of China (Leiden: CNWS 1994).

     landmarks

1557 de Vitoria's De Indis Noviter Inventis

1562 edict of Saint-Germain-de-Pres grants limited rights of assembly to French Huguenots

1646 Grotius' De Iure Belli ac Pacis Libri Tre

1758 de Vattel's Droit des gens; ou, Principes de la loi naturelle appliqués A la conduite et aux affaires des nations et des souverains

1804 French Civil Code of 1804 provides model for 'aliens' legislation

1815 Britain removes passport requirements

1817 Riot Act in England

1841 Thomas Cook's first domestic group tour

1842 Prussian aliens law

1848 Netherlands Aliens Act

1855 Cook's first group tour to Paris

1856 US federal law prohibits states from issuing passports

1861 France removes visa and passport requirements

1867 German Confederation abolishes passport requirements

1870 British Naturalisation Act

1876 United States v Cruikshank decision by Supreme Court establishes broader right of assembly under First Amendment

1907 France abolishes Napoleonic Code restrictions on assembly

1914 most European states reintroduce or tighten passport requirements

1915 valid passport required for everyone entering or leaving the US

1920 League of Nations Paris Conference on Passports & Customs Formalities

1920 Resolution of the League of Nations on Passports, Customs Formalities & Through Tickets

1921 Convention of Gratz on Passports

1921 League establishes High Commission for Refugees

1922 Nansen's proposal for refugee identification certificate ('Nansen Passport') with international recognition as a passport

1924 US Immigration Act of 1924 establishes immigration quotas and requires all aliens arriving at US to present a visa

1926 League hosts a second international conference in Geneva on passport standardisation

1930 Nansen International Office for Refugees established by League

1933 Convention Relating to the International Status of Refugees adopted in Geneva

1937 De Jonge v Oregon and Herndon v Lowry in US re right of assembly

1938 Nansen International Office for Refugees awarded Nobel Peace Prize

1938 League of Nations Convention for refugees from the Saar & Germany

1938 Passports Act 1938 in Australia

1939 US government introduces passport requirement for visiting Canadians

1944 Convention on International Civil Aviation (Chicago Convention) obliges members to develop and adopt international standards for customs and immigration, including passports

1945 establishment of International Air Transport Association (IATA)

1946 establishment of the International Civil Aviation Organization (ICAO)

1948 UN General Assembly adopts Universal Declaration of Human Rights

1951 UN Convention on Refugees

1958 ILO Seafarers' Identity Documents Convention (No. 108)

1958 Victorian Unlawful Assemblies & Processions Act 1958

1961 Vienna Convention on Diplomatic Relations

1966 International Covenant on Civil & Political Rights

1968 creation of ICAO Panel on Passport Cards

1971 Commonwealth Public Order (Protection of Persons & Property) Act 1971

1977 Laker Skytrain

1980 ICAO standard (Document 9303) on A Passport with Machine Readable Capability

1982 United Nations Convention on the Law of the Sea (UNCLOS)

1984 machine-readable passports introduced by Australia

1986 UK Public Order Act 1986

1989 EU Code of Conduct for Computerized Reservation Systems

1992 Queensland Peaceful Assembly Act 1992

1996 ICAO Code of Conduct on the Regulation & Operation of Computer Reservation Systems (CRS)

1997 federal parliament Joint Standing Committee on the National Capital & External Territories report A Right to Protest

2001 Border Protection (Validation & Enforcement) Act 2001 (BPVE) in Australia

2003 ILO Convention on Seafarers Identity (No. 185)

2003 Maritime Transport Security Act 2003 in Australia

2004 European Commission Decision on the Adequate Protection of Personal Data Contained in the Passenger Name Record of Air Passengers Transferred to the US Bureau of Customs & Border Protection

2004 Aviation Transport Security Act 2004 in Australia

2004 decision in Gilmore v Ashcroft (US)




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