South South Migrations And The Law From Below

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.

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.

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.

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.

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.

This open access book discusses the socio-political context of the COVID-19 crisis and questions the management of the pandemic emergency with special reference to how this affected the governance of migration and asylum. The book offers critical insights on the impact of the pandemic on migrant workers in different world regions including North America, Europe and Asia. The book addresses several categories of migrants including medical staff, farm labourers, construction workers, care and domestic workers and international students. It looks at border closures for non-citizens, disruption for temporary migrants as well as at special arrangements made for essential (migrant) workers such as doctors or nurses as well as farmworkers, ‘shipped’ to destination with special flights to make sure emergency wards are staffed, and harvests are picked up and the food processing chain continues to function. The book illustrates how the pandemic forces us to rethink notions like membership, citizenship, belonging, but also solidarity, human rights, community, essential services or ‘essential’ workers alongside an intersectional perspective including ethnicity, gender and race.

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.

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