Borders, Legal Spaces and Territories in Contemporary International Law


Book Description

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.




Beyond Borders


Book Description

Explores new forms of belonging across borders to foster more robust protections for non-citizens. This title is available as Open Access on Cambridge Core.




Global Legal Pluralism


Book Description

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.




EU Law Beyond EU Borders


Book Description

This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.




Law Beyond Borders


Book Description

This book is about the reach of law beyond state borders from a Canadian perspective. It investigates the scope of the legal and practical power of Canada to assert, and to respond to foreign assertions of, extraterritorial jurisdiction. Ultimately, the authors articulate a theoretical and analytical framework to aid decision making by law and policy makers when Canada is faced with the issue of whether to act extraterritorially. The book revisits Canadian jurisdictional principles and practices in a way that will resonate with lawyers and legal policy makers of all kinds.




Activists beyond Borders


Book Description

In Activists beyond Borders, Margaret E. Keck and Kathryn Sikkink examine a type of pressure group that has been largely ignored by political analysts: networks of activists that coalesce and operate across national frontiers. Their targets may be international organizations or the policies of particular states. Historical examples of such transborder alliances include anti-slavery and woman suffrage campaigns. In the past two decades, transnational activism has had a significant impact in human rights, especially in Latin America, and advocacy networks have strongly influenced environmental politics as well. The authors also examine the emergence of an international campaign around violence against women.




Legal Borderlands


Book Description

Publisher Description




Paternalism Beyond Borders


Book Description

This book asks how we understand the relationship between ethics and power in humanitarian action.




Beyond Borders


Book Description

Beyond Borders: A History of Mexican Migration to the United States details the origins and evolution of the movement of people from Mexico into the United States from the first significant flow across the border at the turn of the twentieth century up to the present day. Considers the issues from the perspectives of both the United States and Mexico Offers a reasoned assessment of the factors that drive Mexican immigration, explains why so many of the policies enacted in Washington have only worsened the problem, and suggests what policy options might prove more effective Argues that the problem of Mexican immigration can only be solved if Mexico and the United States work together to reduce the disequilibrium that propels Mexican immigrants to the United States




Law and the Borders of Belonging in the Long Nineteenth Century United States


Book Description

For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of "American citizenship." Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States.