Facing severe pressure from increasing immigraton flows since the latter half of the 19th Century, in 1904 Argentina came up with a labour law draft to address the influx of foreign workers onto its national market: the Proyecto de Ley Nacional de trabajo of 1904. This very draft was written entirely by the eminent jurist and statesman Victor Joaquín Gonzalez, and it is combined with the Citizenship Law (Ley de residencia) of 1902, whose true purpose was to refuse entry in Argentina to any undesiderable aliens or to remove them from its territory if already entered into. Just like the infamous law of 1902, the National labour law draft would provide for several means to purify and to select migratory flows. Although not adopted by the argentinian Parliament, the Proyecto, with its own exclusion mechanisms and a two-faced rule of law, provokes a wider discussion on ius migrandi and its limitations, in the light of the measures taken in these times by many countries–including Italy–to counteract this phenomenon.

'Depurare' e 'selezionare' le correnti migratorie : il progetto argentino di Ley Nacional del trabajo (1904) e i lavoratori stranieri / F. Rossi. - In: HISTORIA ET IUS. - ISSN 2279-7416. - 15:(2019 Jun), pp. 16.1-16.32. [10.32064/15.2019.16]

'Depurare' e 'selezionare' le correnti migratorie : il progetto argentino di Ley Nacional del trabajo (1904) e i lavoratori stranieri

F. Rossi
Primo
2019

Abstract

Facing severe pressure from increasing immigraton flows since the latter half of the 19th Century, in 1904 Argentina came up with a labour law draft to address the influx of foreign workers onto its national market: the Proyecto de Ley Nacional de trabajo of 1904. This very draft was written entirely by the eminent jurist and statesman Victor Joaquín Gonzalez, and it is combined with the Citizenship Law (Ley de residencia) of 1902, whose true purpose was to refuse entry in Argentina to any undesiderable aliens or to remove them from its territory if already entered into. Just like the infamous law of 1902, the National labour law draft would provide for several means to purify and to select migratory flows. Although not adopted by the argentinian Parliament, the Proyecto, with its own exclusion mechanisms and a two-faced rule of law, provokes a wider discussion on ius migrandi and its limitations, in the light of the measures taken in these times by many countries–including Italy–to counteract this phenomenon.
Comparative legal history; emigration/immigration between 19th and 20th Century; nationality and citizenship laws between Europe and Latin-America
Settore IUS/19 - Storia del Diritto Medievale e Moderno
giu-2019
Article (author)
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/648352
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