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Legal issues that have traditionally been treated as domestic are increasingly governed by transnational law and numerous obscure tribunals. This book acquaints students of law and politics with the largely unrecognized authority of transnational legal systems and the ways boundaries of national sovereignty are being eroded in the 21st century. The editors have skillfully organized their collection around issues dealing with both human rights and issues of trade and used a comparative approach to analyze the many court decisions, treaties, and legal agreements that affect national sovereignty. Among subject areas included are: Courts and Regional Trade Agreements, Dispute Resolution under NAFTA, and Universal Criminal Jurisdiction. "This is an edited book that brings together in one highly readable place a crisp and engaging look at transnational courts in today's global world....In sum, Courts Crossing Borders is a quality effort that deserves careful reading. Enhancing a deeper understanding of this timely topic, it is a book that can be profitably studied by students, scholars, and the curious public." -- Law & Politics Book Review, 2005
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.
Discussion of Mexican migration to the United States is often infused with ideological rhetoric, untested theories, and few facts. In Crossing the Border, editors Jorge Durand and Douglas Massey bring the clarity of scientific analysis to this hotly contested but under-researched topic. Leading immigration scholars use data from the Mexican Migration Project—the largest, most comprehensive, and reliable source of data on Mexican immigrants currently available—to answer such important questions as: Who are the people that migrate to the United States from Mexico? Why do they come? How effective is U.S. migration policy in meeting its objectives? Crossing the Border dispels two primary myths about Mexican migration: First, that those who come to the United States are predominantly impoverished and intend to settle here permanently, and second, that the only way to keep them out is with stricter border enforcement. Nadia Flores, Rubén Hernández-León, and Douglas Massey show that Mexican migrants are generally not destitute but in fact cross the border because the higher comparative wages in the United States help them to finance homes back in Mexico, where limited credit opportunities makes it difficult for them to purchase housing. William Kandel's chapter on immigrant agricultural workers debunks the myth that these laborers are part of a shadowy, underground population that sponges off of social services. In contrast, he finds that most Mexican agricultural workers in the United States are paid by check and not under the table. These workers pay their fair share in U.S. taxes and—despite high rates of eligibility—they rarely utilize welfare programs. Research from the project also indicates that heightened border surveillance is an ineffective strategy to reduce the immigrant population. Pia Orrenius demonstrates that strict barriers at popular border crossings have not kept migrants from entering the United States, but rather have prompted them to seek out other crossing points. Belinda Reyes uses statistical models and qualitative interviews to show that the militarization of the Mexican border has actually kept immigrants who want to return to Mexico from doing so by making them fear that if they leave they will not be able to get back into the United States. By replacing anecdotal and speculative evidence with concrete data, Crossing the Border paints a picture of Mexican immigration to the United States that defies the common knowledge. It portrays a group of committed workers, doing what they can to realize the dream of home ownership in the absence of financing opportunities, and a broken immigration system that tries to keep migrants out of this country, but instead has kept them from leaving.
The topic of the border wall between the United States and Mexico continues to be broadly and hotly debated: on national news media, by local and state governments, and even over the dinner table. By now, broad segments of the population have heard widely varying opinions about the wall's effect on illegal immigration, international politics, and the drug war. But what about the wall's effect on animals? Krista Schlyer vividly shows us that this largely isolated natural area, stretching from the Pacific Ocean to the Gulf of Mexico, is also host to a number of rare ecosystems.
ChorSwang Ngin radically shifts the asylum-seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. Identities on Trial in the United States weaves together the cases of a tortured student from a Myanmar prison, an apostate of Islam, several victims of ethnic and sexual violence from Indonesia, and the escape of men and women from China’s draconian one-child policy, among others. Joann Yeh, an immigration attorney and contributor to this work, examines asylum seeking in a Mandarin-speaking Californian community and discuss the failure of the United States' quasi-judicial immigration system, highlighting "asylum lawfare" in courtroom dramas and arguing for an anthropological advantage in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies seeking a more just asylum outcome.
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.
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.