South-South Migrations and the Law from Below

South-South Migrations and the Law from Below

Author: Oreva Olakpe

Publisher: Bloomsbury Publishing

Published: 2023-05-18

Total Pages: 219

ISBN-13: 1509958193

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Winner of the Hart–SLSA Book Prize 2024 This book explores the narratives and experiences of people in the Global South as they encounter the impact of international law in their lives. It looks specifically at approaches to international migrations and the law, as states in the Global South confront migration-related challenges. Taking a case study approach, drawn from the experiences of undocumented and displaced migrants in China and Nigeria, the book shows how informal justice systems not only exist but are upheld. With an innovative analysis drawing both on intersectionality and a Third World Approaches to International Law (TWAIL), it moves away from the classic international versus regional and domestic law approach to reveal the experience of the Third World in relation to the law. This fascinating study will appeal to international law, human rights and immigration scholars, as well as those in the field of development studies.


Responses to Sea Migration and the Rule of Law

Responses to Sea Migration and the Rule of Law

Author: Katia Bianchini

Publisher: Bloomsbury Publishing

Published: 2024-08-22

Total Pages: 263

ISBN-13: 150997850X

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In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.


Territorial Status in International Law

Territorial Status in International Law

Author: Jure Vidmar

Publisher: Bloomsbury Publishing

Published: 2024-01-11

Total Pages: 229

ISBN-13: 1509959491

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This book develops a new theory of territorialism and international legal status of territories. It (i) defines the concept of territory, explaining how territories are created; (ii) redefines the concept of statehood, illustrating that statehood (rather than the statehood criteria) is territorial legal status established in the formal sources of international law; and (iii) grounds non-state territorial entities in the sources of international law to explain their international legal status. This fresh new theoretical perspective has both scholarly and practical importance, providing a tool helping decision-makers and judges in the practical application of international law both internationally and domestically.


The Standard of Review before the International Court of Justice

The Standard of Review before the International Court of Justice

Author: Felix Fouchard

Publisher: Bloomsbury Publishing

Published: 2024-05-02

Total Pages: 265

ISBN-13: 1509971327

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This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.


The Palgrave Handbook of International Labour Migration

The Palgrave Handbook of International Labour Migration

Author: M. Panizzon

Publisher: Springer

Published: 2016-01-18

Total Pages: 585

ISBN-13: 1137352213

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This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.


Statehood under Water

Statehood under Water

Author: Alejandra Torres Camprubí

Publisher: BRILL

Published: 2016-07-11

Total Pages: 338

ISBN-13: 9004321616

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In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios. This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.


South Asian Migrations in Global History

South Asian Migrations in Global History

Author: Neilesh Bose

Publisher: Bloomsbury Publishing

Published: 2020-12-10

Total Pages: 281

ISBN-13: 1350124699

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This collection explores how South Asian migrations in modern history have shaped key aspects of globalization since the 1830s. Including original research from colonial India, Fiji, Mexico, South Africa, North America and the Middle East, the essays explore indentured labour and its legacies, law as a site of regulation and historical biography. Including recent scholarship on the legacy of issues such as consent, sovereignty and skilled/unskilled labour distinctions from the history of indentured labour migrations, this volume brings together a range of historical changes that can only be understood by studying South Asian migrants within a globalized world system. Centering south Asian migrations as a site of analysis in global history, the contributors offer a lens into the ongoing regulation of labourers after the abolition of slavery that intersect with histories in the Global North and Global South. The use of historical biography showcases experiences from below, and showcases a world history outside empire and nation.


A World Full of Journeys and Migrations

A World Full of Journeys and Migrations

Author: Martin Howard

Publisher:

Published: 2022-02-08

Total Pages: 130

ISBN-13: 0711256179

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A World Full of Journeys is a richly illustrated introduction to the history of human migration. From the first people to leave home and travel across the world, right up to the journeys of today and beyond, this book will teach readers that every single journey has the capacity to change the world. Informative and warm text from Martin Howard accompanied by beautiful artwork by Christopher Corr makes for an immersive reading experience.


The Political Economy of Non-Western Migration Regimes

The Political Economy of Non-Western Migration Regimes

Author: Rustamjon Urinboyev

Publisher: Springer Nature

Published: 2022

Total Pages: 198

ISBN-13: 303099256X

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This open access book contributes new theoretical and comparative insights on migrant agency, undocumentedness and informality in non-Western, non-democratic migration regimes. The book is conceived as a critical reflection on the contemporary migration regime scholarship, and, more generally, on comparative migration studies, which primarily focus on migrants’ experiences and immigration policies in the context of liberal democracies in North America and Western Europe. Addressing this gap is particularly important when considering the fact that many new migration hubs are nondemocratic, which in turn requires us to revise or produce new frameworks of analysis beyond existing and dominant Western-centric migration regime typologies. This book takes up the case study of Central Asian migrants in Russia and Turkey--two archetypal non-Western, nondemocratic regimes and key migration hotspots worldwide--and investigates how migration governance outcomes are shaped by the informal power geometries and extralegal processes in physical and digital landscapes in which migrant workers, employers, middlemen, landlords, street world actors and street-level bureaucrats negotiate the contemporary migration system. This lively ethnography presents new empirical material, a comparative perspective and methodological tools for studying migrants’ experiences and migration governance processes in non-Western migration regimes. Rustam Urinboyev is Associate Professor in the Department of Sociology of Law at Lund University, Sweden and Senior Researcher in Aleksanteri Institute, University of Helsinki, Finland. Sherzod Eraliev is Academy of Finland postdoctoral fellow at Aleksanteri Institute, University of Helsinki, Finland.


Porous Borders

Porous Borders

Author: Julian Lim

Publisher: UNC Press Books

Published: 2017-10-10

Total Pages: 321

ISBN-13: 146963550X

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With the railroad's arrival in the late nineteenth century, immigrants of all colors rushed to the U.S.-Mexico borderlands, transforming the region into a booming international hub of economic and human activity. Following the stream of Mexican, Chinese, and African American migration, Julian Lim presents a fresh study of the multiracial intersections of the borderlands, where diverse peoples crossed multiple boundaries in search of new economic opportunities and social relations. However, as these migrants came together in ways that blurred and confounded elite expectations of racial order, both the United States and Mexico resorted to increasingly exclusionary immigration policies in order to make the multiracial populations of the borderlands less visible within the body politic, and to remove them from the boundaries of national identity altogether. Using a variety of English- and Spanish-language primary sources from both sides of the border, Lim reveals how a borderlands region that has traditionally been defined by Mexican-Anglo relations was in fact shaped by a diverse population that came together dynamically through work and play, in the streets and in homes, through war and marriage, and in the very act of crossing the border.