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This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
In Human Mobility and Climate Change, Grant Dawson and Rachel Laut examine the sufficiency of legal frameworks to address human movement relating to climate change impacts and the progressive transition to a more adaptive approach.
A unique and comprehensive overview on the numerous international rules governing migration, this book brings together and analyses the disparate norms and treaties within international and European law. It is a critical study of the role of international law in regulating the movement of persons, offering an ideal introduction to the field.
This book explores the ‘backstage’ of transnational legal practice by illuminating the routines and habits that are crucial to the field, yet rarely studied. Through innovative discussion of practices often considered trivial, the book encourages readers to conceptualise the ‘backstage’ as emblematic of transnational legal practice. Expanding the focus of transnational legal scholarship, the book explores the seemingly mundane procedures which are often taken for granted, despite being widely recognized as part of what it means to ‘do transnational law’. Adopting various methodologies and approaches, each chapter focuses on one specific practice: for example, mooting exercises for law students, international travel, transnational time, the social media activities of lawyers and legal scholars, and the networking at the ICC’s annual Assembly of States Parties. In and of themselves, these chapters each provide unique insights into what happens before the curtain rises and after it falls on the familiar ‘outputs’ of transnational law. It does more, however, than provide a range of different practices: it takes the next step in theorizing on the importance of the marginal and the everyday for what we ‘know’ to be ‘the law’ and what the international legal field looks like. Furthermore, by interrogating undiscussed academic practices, it provides students with a candid view on the perils and promises of transnational legal scholarship, inviting them to join the discussion and to practice their discipline in a more reflexive way. Written in an accessible format, containing a readable collection of personal and recognizable accounts of transnational legal practice, the book provides an everyday insight into transnational law. It will therefore appeal to international legal scholars, alongside any reader with an interest in transnational law.
This book approaches law as a process embedded in transnational personal, religious, communicative and economic relationships that mediate between international, national and local practices, norms and values. It uses the concept "living law" to describe the multiplicity of norms manifest in transnational moral, social or economic practices that transgress the territorial and legal boundaries of the nation-state. Focusing on transnational legal encounters located in family life, diasporic religious institutions and media events in countries like Norway, Sweden, Britain and Scotland, it demonstrates the multiple challenges that accelerated mobility and increased cultural and normative diversity is posing for Northern European law. For in this part of the world, as elsewhere, national law is challenged by a mixture of expanding human rights obligations and unprecedented cultural and normative pluralism enhanced by expanding global communication and market relations. As a consequence, transnationalization of law appears to create homogeneity, fragmentation and ambiguity, expanding space for some actors while silencing others. Through the lens of a variety of important contemporary subjects, the authors thus engage with the nature of power and how it is accommodated, ignored or resisted by various actors when transnational practices encounter national and local law.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
States criminalise a wide range of transnational offences, such as piracy, human trafficking, drug trafficking, terrorism, organised crime, and cybercrime. This book provides an introduction to this developing area of law, setting out what transnational crimes are, and how states can establish jurisdiction over them and enforce it.