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1
Fennes, Helmut. Intercultural learning in the classroom: Crossing borders. London: Cassell, 1997.
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2
Tinberg, Howard B. Border talk: Writing and knowing in the two-year college. Urbana, Ill: National Council of Teachers of English, 1997.
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3
Brown, M. Anne. Human rights and the borders of suffering: The promotion of human rights in international politics. New York: Manchester University Press, 2002.
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4
Falola, Toyin, Na'Imah Ford und Bosede Funke Afolayan. Postcolonial Subject in Transit: Migration, Borders and Subjectivity in Contemporary African Diaspora Literature. Lexington Books/Fortress Academic, 2020.
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5
The Postcolonial Subject in Transit: Migration, Borders and Subjectivity in Contemporary African Diaspora Literature. Lexington Books, 2018.
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6
Intercultural Learning in the Classroom: Crossing Borders (Cassell Council of Europe Series). Cassell, 1996.
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7
Maher, Kristen Hill, und David Carruthers. Unequal Neighbors. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197557198.001.0001.
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San Diego and Tijuana are the site of a national border enforcement spectacle, but they are also neighboring cities with deeply intertwined histories, cultures, and economies. In Unequal Neighbors: Place Stigma and the Making of a Local Border, Kristen Hill Maher and David Carruthers shift attention from the national border to a local one, examining the role of place stigma in reinforcing actual and imagined inequalities between these cities. Widespread “bordered imaginaries” in San Diego represent it as a place of economic vitality, safety, and order, while stigmatizing Tijuana as a zone of poverty, crime, and corruption. These dualisms misrepresent complex realities on the ground, but they also have real material effects: the vision of a local border benefits some actors in the region while undermining others. Based on a wide range of original empirical materials, the book examines how asymmetries between these cities have been produced and reinforced through stigmatizing representations of Tijuana in media, everyday talk, economic relations, and local tourism discourse and practices. However, both place stigma and borders are subject to contestation, and the study also examines “debordering” practices and counternarratives about Tijuana’s image. While the details of the study are particular to this corner of the world, the processes it documents offer a window into the making of unequal neighbors more broadly. The dynamics of this case present a framework for understanding how inequalities between places rest in part on cultural practices that produce asymmetric borders.
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Kearney, Richard, und Melissa Fitzpatrick. Radical Hospitality. Fordham University Press, 2021. http://dx.doi.org/10.5422/fordham/9780823294428.001.0001.
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This volume addresses a timely and challenging subject for contemporary philosophy: the ethical responsibility of opening borders, psychic and physical, to the stranger. Drawing on key critical debates on the question of hospitality ranging from phenomenology, hermeneutics and deconstruction to neo-Kantian moral critique and Anglo-American virtue ethics, the book engages with urgent moral conversations regarding the role of identity, nationality, immigration, peace, and justice. The volume is divided into two parts. In the first part, entitled “Four Faces of Hospitality: Linguistic, Narrative, Confessional, Carnal,” Richard Kearney develops his recent research on the philosophy of hospitality, which informs the international Guestbook Project of which he is a founder and director (guestbookproject.org). This part elaborates an ethics of hosting the stranger. In the second part, entitled “Hospitality and Moral Psychology: Exploring the Border between Theory and Practice,” Melissa Fitzpatrick adumbrates a new ethics of hospitality in a robust reengagement with the philosophies of Kant, Levinas, Arendt, and contemporary virtue ethicist Talbot Brewer. In the concluding chapters, Kearney and Fitzpatrick chart novel options for the pedagogical application of an ethics of hospitality to our contemporary world of border anxiety, boundary disputes, migration crisis, and the looming ecological challenge.
9
Divided Subjects, Invisible Borders: Re-Unified Germany after 1989. Rowman & Littlefield Publishers, Incorporated, 2015.
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10
Gook, Ben. Divided Subjects, Invisible Borders: Re-Unified Germany after 1989. Rowman & Littlefield Publishers, Incorporated, 2015.
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Gook, Ben. Divided Subjects, Invisible Borders: Re-Unified Germany After 1989. Rowman & Littlefield Publishers, Incorporated, 2015.
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12
Shapcott, Richard. The Responsible Cosmopolitan State. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190905651.003.0004.
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The adoption of republican constitutions restraining the state in relationship to its own population was a revolutionary step in human freedom and the evolution of modern political communities. Contemporary conditions of enhanced interdependence suggest that this development needs to be extended to those beyond the state who may be subject to its domination. These conditions suggest the need for states to extend their republican accountability beyond their borders. This can be done by rewriting some of the clauses of their social contract via the means of a constitutional transformation which includes subjecting foreign policy to the rule of law and judicial oversight.
13
Doquang, Mailan S. The True Vine. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190631796.003.0004.
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This chapter focuses on the messianic and Eucharistic aspects of monumental foliage, namely its function as a symbol of Christ as the true vine. It demonstrates that the botanical friezes articulating the borders of church portals not only thematically complemented (and at times amplified) central/figural scenes, but also functioned as signposts for the visual imagery inside buildings and the liturgy of the Mass. Thus, the chapter sheds new light on the dynamic interaction between sculpture, architecture, and the viewer, while also illuminating and complicating interconnections of edge and center, exterior and interior, and form and liturgy, links activated by the experiencing subject as he or she paused before portal imagery, crossed church thresholds, and circulated through interior spaces.
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Azzouni, Jody. Feature-Characterization Languages. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190622558.003.0009.
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The language appropriate to feature metaphysics is described. This language is one that induces no commitments to objects, although it allows an expression of a commitment to the reality of ontological borders. The language resembles, on the surface, weather reports, with apparently pleonastic subject terms. Feature-characterization languages are shown to be as expressively powerful as those that utilize first-order quantification. They differ from first-order languages because the traditional predication relation (which presupposes objects and properties and relations of those objects) is replaced by an “is at” relation that presupposes none of these things. It’s also shown that the presupposition of locations (in space and time) isn’t required either. The language requires, metaphysically, only that features co-occur.
15
Elizabeth, Wilmshurst. Book I Diplomacy in General, 3 Introduction to International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0003.
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This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.
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Liebling, Alison, Shadd Maruna und Lesley McAra, Hrsg. The Oxford Handbook of Criminology. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198719441.001.0001.
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As the most comprehensive and authoritative single volume on the subject, the sixth edition of the acclaimed Oxford Handbook of Criminology is a completely revised collection of 44 essays by leading authors in the field. It is organized into four sections: Constructions of crime and justice; Borders, boundaries, and beliefs; Dynamics of crime and violence; and Responses to crime. Criminology is expanding its borders, and seeking new answers to questions of crime and punishment, citizenship, and democratic living, including issues of state crime and globalisation. Some of the newest areas of study in criminology include migration, asylum, and the integration of global populations following war or famine; privacy and the governance of ‘big data;’ and the privatisation of justice and security. All of these topics, as well as classic questions of the causes and consequences of crime, receive attention here. The new editors have also made room for greater inclusiveness and diversity, with a wider range of newer scholars taking account of new developments in the field such as zemiology and green criminology, as well as previously neglected themes such as domestic violence and sex work. The chapters contain extensive references to aid further research, and the book is accompanied by an online resource centre featuring: selected chapters from previous editions; guidance on answering essay questions; practice essay questions; web links; and figures and tables from the text.
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Park, Alyssa. Sovereignty Experiments. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501738364.001.0001.
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This book examines Korean migration and settlement in the Tumen valley, officials’ views of Korean migrants, and competing attempts by Korea, Russia (Soviet Union), China, and Japan to govern them in the late nineteenth and early twentieth centuries. It argues that these attempts derived from broader aspirations on the part of statesmen to establish exclusive claims over territory and people—the definition of modern sovereignty—in a borderland where such claims had been asserted but not actively enforced. Migrants posed a challenge because they transgressed borders and defied official efforts to contain their movements and to define them as part of distinct political communities. The book analyzes jurisdictional debates, diplomatic negotiations, international treaties, border regulations, legal categorization of subjects and aliens, and cultural and religious missions that were carried out among Koreans. It further explores migrants’ subversion and use of new laws to their own ends, especially in Russia. Integrating sources across contiguous geographies, this transnational history revises nationalist and imperialist histories that have subsumed the region and its Koreans under narratives of colonization or assimilation by a particular state and instead foregrounds the development of common concerns about mobility, borders, and political belonging across Northeast Asia.
18
Buckley, Peter. International Expansion: Foreign Direct Investment by Small- and Medium-Sized Enterprises. Herausgegeben von Anuradha Basu, Mark Casson, Nigel Wadeson und Bernard Yeung. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199546992.003.0026.
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International expansion by small- and medium-sized enterprises (SMEs) has long been a subject of research. The fact that internationalization begins earlier in a firm's life cycle has attracted attention to international new ventures as ‘a business organization that, from inception, seeks to derive significant competitive advantage from the use of resources and the sale of outputs in multiple countries’, ‘early internationalizers’, and ‘born global firms’. This article analyzes the internationalization of SMEs and examines the role of entrepreneurship in the literature. McDougall and Oviatt define international entrepreneurship as ‘a combination of innovative proactive and risk-seeking behaviour that crosses national borders and is intended to create value in organizations’. This definition provides a wide scope for research but also poses problems in terms of the level of the analysis and difficulties with respect to outcomes that are so far unresolved.
19
Taylor, Richard, und Damian Taylor. Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties
20
Taylor, Richard, und Damian Taylor. Contract Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836599.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
21
Taylor, Richard, und Damian Taylor. Contract Law Directions. 8. Aufl. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870593.001.0001.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its eighth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part 3 examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
22
Torremans, Paul. Cross-Border Enforcement of Intellectual Property Rights. Edward Elgar Publishing, 2021. http://dx.doi.org/10.4337/9781789908695.
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This research review discusses an important selection of research articles and papers on the cross-border enforcement of intellectual property rights. The selected texts examine the subject from a variety of important perspectives including economics, international agreements, patents, trade secrets, copyright, trademarks, recognition and enforcement. This review is an insightful and valuable resource for all those with an eye on the field.
23
Özkazanç-Pan, Banu. Transnational Migration and the New Subjects of Work. Policy Press, 2019. http://dx.doi.org/10.1332/policypress/9781529204544.001.0001.
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This book brings about insights and key concepts from the field of transnational migration studies to bear upon the field of organization studies. It expands upon multiscalar global perspective, moving beyond methodological nationalism, and historical global conjuncturesas relevant transnational concepts for studying people and difference in novel ways including agentic, reflexive mobile subjectivities as the new subjects of diversity research that emerge in a ‘post-identitarian’ world. Specifically, the book offers transmigrant, hybrid, and cosmopolitan subjectivities as new the subjects of diversity research. Beyond new subjectivities, mobility ontology requires rethinking the epistemology of multiculturalism, examining inequalities, and redirecting the methodologies adopted to attend to difference. In expanding on these, the book offers new frameworks for the study of people on-the-move and organizations through a mobility ontology that foregrounds movement as the natural order of the social world. It also calls into question the ways existing research paradigms and approaches have potentially replicated the creation of boundaries and borders through implicit assumptions about difference, race/ethnicity and belonging. By shifting the ontological premise upon which the field of organization studies rests, this book provides novel ways of theorizing difference, people and work beyond static epistemologies guiding much of the field.
24
Stapf, Ingrid, Regina Ammicht Quinn, Michael Friedewald, Jessica Heesen und Nicole Krämer, Hrsg. Aufwachsen in überwachten Umgebungen. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748921639.
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Digital technologies are exerting a growing influence on the lives of children and teenagers: from video monitoring of babies and educational robots in nursery school to AI-powered learning assistants used to guarantee individual success in education. However, issues relating to privacy, surveillance and data protection are seldom reflected on with regard to this sensitive and important social sphere. The majority of these applications generate data which reveal a great deal about the adolescents who use them. This study addresses this subject area. Together with practitioners from the field of education and with the goal of laying the foundations for addressing this issue in both academic and (socio-) political discourse, it depicts interdisciplinary and transdisciplinary exchange that extends beyond disciplines and academic borders. The authors Regina Ammicht Quinn, Jutta Croll, Sephan Dreyer, Michael Freidewald, Elena Frense, Marit Hansen, Asmae Harrach-Lasfaghi, Jessica Heesen, Gerrit Hornung, Andreas Janson, Nicole Krämer-Mertens, Leonie Kreidel, Marco Leimeister, Yannic Meier, Judith Meinert, Maxi Nebel, Carsten Ochs, Dr. Senta Pfaff-Rüdiger, Alexander Roßnagel, Sofia Schöbel, Reinhold Schulze-Tammena, Matthias Söllner, Ingrid Stapf and Prof. Dr. Isabel Zorn.
25
Oostrum, Duco Van. Male Authors, Female Subjects. The Woman Within/Beyond the Borders of Henry Adams, Henry James, and Others. Rodopi Bv Editions, 1995.
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26
Harrison L, Denman. Part I United States, 5 Lehman Brothers and Equitable Subordination in Cross-Border Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0005.
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The collapse of Lehman Brothers in 2008 had consequences that spread across the world. In the aftermath, Lehman affiliates from outside the United States were forced to commence their own localized insolvency proceedings. The issues multiplied even further, as even within a single country, multiple wholly-owned affiliates were forced to fill their own cases. This chapter addresses a single narrow aspect of these intercompany issues raised in the context of the Lehman cases, when viewed from the perspective of an entity subject to reorganization under chapter 11 in the United States. Specifically, this chapter asks and seeks to answer: to what extent can a US debtor seek to equitably subordinate a claim asserted by an entity that is itself subject to a separate reorganization proceeding? That may depend on whether the entity potentially subject to equitable subordination is a debtor in a foreign jurisdiction pursuant to a foreign insolvency statute.
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Thomas, Keijser, Hrsg. Transnational Securities Law - Online Update, March 2016. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780191821790.001.0001.
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This noter-up complements Transnational Securities Law by Thomas Keijser. It updates the main edition in a number of areas. These include the following subject areas: Intermediated securities; Non-intermediated securities; Central Securities Depository (CSD); Bank resolution and insolvency ; and Banks and cross-border issues .
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Nora, Rachman, und Vermaas Maria. Ch.6— Corporate Actions in the Intermediated System: Bridging the Gap between Issuer and Investor. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780191821790.003.0006.
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This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to the investor-issuer relationship in the intermediated system. These include the following subject areas: Voting; Intermediated securities; Central Securities Depository (CSD); Securities settlement system; and Banks and cross-border issues.
29
Roy, Goode, Kronke Herbert und McKendrick Ewan, Hrsg. Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0004.
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Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.
30
Njisane, Yongama, und Hardin Ratshisusu. Public Interest Issues in Cross-Border Mergers. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810674.003.0011.
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Global developments in merger control have shown varied approaches across jurisdictions regarding public interest issues in cross-border mergers. In developed countries, the domestic impact of cross-border mergers are subjected to foreign investment laws administered by the state and competition laws administered by competition regulators. Recent decisions on cross-border mergers have highlighted the tension between public interest and competition considerations in merger control, in that a merger would be approved by the competition authorities, but overturned by the state. In contrast, in some developing countries, competition authorities only review cross-border mergers, with the state having no decision-making role in the process. The question remains as to which approach achieves optimal outcomes that foster competition and is also in the public interest in the domestic economies affected by cross-border mergers. This chapter undertakes a comparative analysis of cross-border mergers in selected countries to assess the approaches to evaluating public interest considerations.
31
Janssen, Flore, und Lisa Robertson, Hrsg. Margaret Harkness. Manchester University Press, 2019. http://dx.doi.org/10.7228/manchester/9781526123503.001.0001.
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This volume is the first to bring together research on the life and work of the author, activist, and traveller Margaret Harkness, who wrote under the pseudonym ‘John Law’. The collection contextualises Harkness’s political project of observing and recording the lives and priorities of the working classes and urban poor alongside the broader efforts of philanthropists, political campaigners, journalists, and novelists who sought to bring the plight of marginalised communities to light at the end of the nineteenth century. It argues for a recognition of Harkness’s importance in providing testimony to the social and political crises that led to the emergence of British socialism and labour politics during this period. This collection includes considerations of Harkness’s work in London’s East End at the end of the nineteenth century, but moves into the twentieth century and beyond Britain’s borders to examine the significance of her global travel for the purpose of investigating international political trends. This collection gives substance to women’s social engagement and political involvement in a period prior to their formal enfranchisement, and offers insight into the ways this effected shifts in literary style and subject. In offering a detailed picture of Harkness’s own life and illuminating the lives and work of her contemporaries, this volume enriches critical understanding of the complex and dynamic world of the long nineteenth century.
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Raustiala, Kal. Does the Constitution Follow the Flag? Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780195304596.001.0001.
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
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Cohen, Jeremy, und Moshe Rosman, Hrsg. Rethinking European Jewish History. Liverpool University Press, 2008. http://dx.doi.org/10.3828/liverpool/9781904113560.001.0001.
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Europe has changed greatly in the last century. The political boundaries between nations and states, along with the very concepts of 'nation' and 'boundary', have changed significantly, and the self-consciousness of ethnic minorities has likewise evolved in new directions. All these developments have affected how the Jews of Europe perceive themselves, and they help to shape the prism through which historians view the Jewish past. This volume looks at the Jewish past in the spirit of this reassessment. Part I reconsiders the basic parameters of the subject as well as some of its fundamental concepts, suggesting new assumptions and perspectives from which to conduct future studies of European Jewish history. Topics covered here include periodization and the definition of geographical borders, antisemitism, gender and the history of Jewish women, and notions of assimilation. Part II is devoted to articulating the meaning of 'modernity' in the history of European Jewry and demarcating key stages in its crystallization. Chapters reflect on the defining characteristics of a distinct early modern period in European Jewish history, the Reformation and the Jews, and the fundamental features of the Jewish experience in modern times. Parts III and IV present two scholarly conversations as case studies for the application of the critical and programmatic categories considered thus far: the complex web of relationships between Jews, Christians, and Jewish converts to Christianity in fifteenth-century Spain; and the impact of American Jewry on Jewish life in Europe in the twentieth-century, at a time when the dominant trend was one of migration from Europe to the Americas.
34
Charles, Proctor. Part F Cross-Border Issues, 43 The Banker’s Duty of Confidentiality. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0043.
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This chapter examines the nature and scope of the bank's duty of confidentiality, and the exceptions to it. It considers the difficulties which may confront a bank with branches in several countries and whose business may therefore be subjected to several different systems of law. The discussions cover the system of law applicable to the duty; the general nature and scope of the duty; disclosure under compulsion of law; disclosure in the interests of the bank itself; disclosure in the public interest; disclosure with the consent of the customer; damages for breach of the duty; the Data Protection Act 1998; wider duties of confidence; duties of confidentiality to third parties; and other duties of confidentiality.
35
Moreno-Lax, Violeta. Accessing Asylum in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.001.0001.
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This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.
36
Sanchez, Gabriella E. Portrait of a Human Smuggler. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198814887.003.0003.
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The hypervisibility of contemporary migration flows has generated significant interest in human smugglers, and reports of their activities are ubiquitous. Smugglers as facilitators of irregular migration are most often characterized as young and violent men from the Global South organized in criminal networks who are responsible for the tragic journeys of migrants around the world. Yet despite their frequent appearance in dramatic migration accounts, smugglers have hardly been the subject of empirical inquiry, which has led to the prevalence of male-centred, racialized, and classist characterizations of their activities. This chapter, drawing from structured interviews and participant observation conducted among twelve women charged with human smuggling offences and twenty-five women who travelled with smuggling facilitators in the US states of Arizona and Utah, situates the narratives of smuggling and its intersections with race, class, and gender in the facilitation of border crossings along the US–Mexico border.
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Chin-Chong, Liew, und Zhou Ying. 9 China. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0009.
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This chapter examines the applicability of the law of set-off in China in cases involving solvent parties and against a party subject to a bankruptcy proceeding. It first explains statutory set-off under the Chinese Contract Law and contractual set-off between solvent parties before discussing set-off against insolvent parties, focusing on the relevant provisions of the Bankruptcy Law and requirements for insolvency set-off. It also considers the procedures for exercising the right to insolvency set-off, set-off right in the context of close-out netting in cross-border over-the-counter (OTC) derivatives transactions, restrictions on unfair preference for creditors and set-off, restrictions on banks' set-off rights against deposits, and set-off vis-a-vis clearing houses. The chapter concludes with an analysis of cross-border issues arising in set-off between solvent parties and against insolvent parties.
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Liukkunen, Ulla, Hrsg. Employment and Private International Law. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781786432278.
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This invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
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Moreno-Lax, Violeta. Frontex: Joint Maritime Interdiction of Undifferentiated Flows—Operationalizing Pre-emptive Controls. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0006.
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Until the foundation of Frontex (and the current EBCG), operational border management was subject to limited inter-governmental cooperation between the Member States. Therefore, the introduction of a supranational structure for the coordination of control and surveillance activities constitutes a crucial development. The agency has undergone profound changes, reflected in a substantial expansion of funds, human resources, and powers since becoming operational back in 2005. This chapter analyses the structure, role, and functioning of the current European Border and Coast Guard (as Frontex is now named). Special attention is paid to joint maritime operations carried out under the auspices of the agency, either by the Member States alone or in cooperation with third countries. These activities involve the detection and interdiction of persons at sea with important ramifications for their fundamental rights related to access to protection. The impact of these initiatives on refugee flows is specifically addressed in a separate section.
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Oates, Rosamund. Selling the Jacobean Regime. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198804802.003.0007.
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Matthew was first to introduce James I to his new English subjects, and this chapter examines how those early months set the tone for James’s rule. Matthew presented him as the legitimate ruler, sidestepping the thorny issue of Mary Stuart’s execution (for which Matthew had eagerly pushed). The borders were at heart of James’s plan for an Anglo-Scottish union, which explains why Matthew spun the regime’s response to key moments in the early years: debates about the union, the Hampton Court Conference, and the aftermath of the Gunpowder Plot. Matthew’s Puritanism and occasional criticism of James I and his consort, Anne of Denmark. meant that he sometimes came into conflict with the regime.
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van Voren, Robert, und Rob Keukens. Political Abuse of Psychiatry. Herausgegeben von John Z. Sadler, K. W. M. Fulford und Werdie (C W. ). van Staden. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198732372.013.55.
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Political abuse of psychiatry refers to the misuse of psychiatric diagnosis, treatment, and detention for the purposes of obstructing the fundamental human rights of certain individuals and groups in a given society. The practice is common to but not exclusive to countries governed by totalitarian regimes. In this chapter the question is raised as to why, in spite of the fact that in most countries medical practice takes place according to internationally accepted guidelines, there is at the same time continued evidence of cases of incarcerating dissidents in mental institutions and of social activists and/or practitioners of various religions who are subjected to psychiatric treatment. In addition, the authors analyze why in particular in mental health the ethical borders have been corrupted and which measures can be put in place to combat these excesses.
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Garland, David W. The Rule of Law, Representational Struggles, and the Will to Punish. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190888589.003.0009.
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This chapter challenges Fassin’s blurring of the border between punishment that is sanctioned and limited by law, and unlawful state violence. While acknowledging that the U.S. and France see significant amounts of unlawful suffering inflicted by state authorities, Garland insists that the philosophical distinction between lawful and lawless violence matters. Indeed that distinction, he suggests, is central to the kind of critique that Fassin rightly wishes to promote overall. This distinction is also important for describing how legality subjects power to the restraint of rules, as for example in the history of mob violence in the U.S., where lynchings have come to be treated as a crime rather than a popular punishment.
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Lee, Maggy, Mark Johnson und Michael McCahill. Race, Gender, and Surveillance of Migrant Domestic Workers in Asia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198814887.003.0002.
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This chapter provides a transnational analysis of the ways in which migrant workers are placed at the sharp end of migration control based on gendered and racialized notions of domestic labour. Migrant women from the Philippines to Hong Kong and Saudi Arabia are routinely subjected to an extensive and diffuse process of surveillance and social sorting beyond the geographic border and criminal justice system. In their country of origin, women’s mobilities are conditioned by their willingness to produce a documented identity as good women and disciplined workers. In their countries of destination, they are subjected to a range of state and non-state monitoring processes that seek to racially assign and keep different sorts of migrant women in their place as foreign residents and disposable workers. Ultimately, differential inclusion remains underpinned by a criminal justice system that can bear down heavily on migrants through the threat of criminalization, detention, and deportation.
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Mpedi, Letlhokwa George, Hrsg. Santa Claus: Law, Fourth Industrial Revolution, Decolonisation and Covid-19. African Sun Media, 2020. http://dx.doi.org/10.18820/9781928314837.
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The origins of Santa Claus, or so I am told, is that the young Bishop Nicholas secretly delivered three bags of gold as dowries for three young girls to their indebted father to save them from a life of prostitution. Armed with immortality, a factory of elves and a fleet of reindeer, his has been a lasting legacy, inextricably linked to Christmas. Of course, this Christmas looks a little different. Amidst a global pandemic, shimmying down the chimneys of strangers certainly does not adhere to social distancing guidelines. Some borders remain closed, and in some instances, the quarantine period is far too long. After all, he only has 24 hours to spread cheer across the world. As with the rest of us, Santa Claus is likely to get the remote working treatment. The reindeers this year are likely to be self-driving, reminiscent of an Amazon swarm of technology, and the naughty and nice lists are likely to be based on algorithms derived from social media accounts. In the age of the fourth industrial revolution, it is difficult to imagine that letters suffice anymore. How many posts were verified as real before shared? Enough to get you a drone. Fake news? Here is a lump of coal. Will we see elves in personal protective equipment (PPE) and will Santa Claus, high risk because of age and his likely comorbidities from the copious amount of cookies, have to self-isolate in the North Pole? In fact, will there be any toys at all this year? Surely production has been stalled with the restrictions on imports and exports into the North Pole. Perhaps, there is a view to outsourcing, or perhaps, there is a shift towards local production and supply chains. More importantly, as we have done in many instances in this period, maybe we should pause to reflect on the current structures in place. The sanctification of a figure so clearly dismissive of the Global South and to be critical, quite classist must be called into question. From some of the keenest minds, the contributions in this book make a strong case against this holly jolly man. We traverse important topics such as, is the constitution too lenient with a clear intruder who has conveniently branded himself a Good Samaritan? Allegations of child labour under the guise of elves, blatant animal cruelty, constant surveillance in stark contrast to many democratic ideals and his possible threat to national security come to the fore. Nevertheless, as the song goes, he is aware when you are asleep, and he knows when you are awake. Is feminism a farce to this beloved man – what role does Mrs Claus play and why are there inherent gender norms in his toys? Then is the worry of closed borders and just how accurate his COVID-19 tests are. Of course, this brings his ethics into question. While there is an agreement that transparency, justice and fairness, nonmaleficence, responsibility, and privacy are the core ethical principles, the meaning of these principles differs, particularly across countries and cultures. Why are we subject to Santa Claus’ notions of good and evil when he is so far removed from our context? As Richard Thaler and Cass Sunstein would tell you, this is fundamentally a nudge from Santa Claus for children to fit into his ideals. A nudge, coined by Thaler, is a choice that predictably changes people’s behaviour without forbidding any options or substantially changing their economic incentives. Even with pinched cheeks and an air of holiday cheer, Santa Claus has to come under scrutiny. In the process of decolonising knowledge and looking at various epistemologies, does Santa still make the cut?
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Thackeray, William Makepeace. Vanity Fair. Herausgegeben von Helen Small. Oxford University Press, 2015. http://dx.doi.org/10.1093/owc/9780198727712.001.0001.
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‘I think I could be a good woman if I had five thousand a year.’ Becky Sharp is sharp, calculating, and determined to succeed. Craving wealth and a position in society, she charms, hoodwinks, manipulates everyone she meets, rising in the world as she attaches herself to a succession of rich men. Becky’s fortunes are contrasted with those of her best friend Amelia, who has none of Becky’s wit and vitality but whose gentle-heartedness attracts the devotion of the loyal Dobbin. Set during the Napoleonic wars, Vanity Fair follows Becky as she cuts a swathe through Regency society. Thackeray paints a panoramic portrait of the age, with war, money and national identity his great subjects. The battle for social success is as fierce as the battle of Waterloo, and its casualties as stricken. The satire is at once biting and profound, sparing none in a clear-eyed exposure of a world on the make. Thackeray’s scepticism of human motives borders on cynicism yet Vanity Fair is among the funniest novels of the Victorian age. This new edition includes all Thackeray’s original illustrations.
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Antonio, Herrera. 31 Spain. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0031.
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This chapter discusses the law of set-off in Spain. Under Spanish law, set-off represents a means of extinguishing an obligation between a debtor and a creditor. Set-off occurs mainly as a form of payment rather than a guarantee. The chapter first considers set-off between solvent parties, focusing on the requirements of statutory set-off, set-off in case of assignment of credit rights, and set-off as a mechanism for creating security interests. It then examines set-off against insolvent parties, with emphasis on the scope of the prohibition set out in Article 58 of the Insolvency Act regarding set-off against an insolvent debtor and whether there are exceptions to this prohibition. The chapter also analyses set-off in financial transactions subject to Royal Decree Law 5/2005, along with cross-border situations relating to set-off against insolvent parties and choice of law with respect to set-off between solvent parties.
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Dawson, Alexander S. Peyote Effect. University of California Press, 2018. http://dx.doi.org/10.1525/california/9780520285422.001.0001.
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Peyote has marked the boundary between the Indian and the West since it was outlawed by the Spanish Inquisition in 1620. For nearly four centuries, ecclesiastical, legal, scientific, and scholarly authorities have worked to police that boundary and ensure that while indigenous subjects might consume peyote, non-indigenes could not. It is a boundary repeatedly remade, in part because generations of non-indigenes have refused to stay on their side of the line. Moving back and forth across the U.S.-Mexican border, this book explores how battles over who might enjoy the right to consume peyote have unfolded in both countries in the two centuries since Mexican independence. It focuses particularly how these conflicts have contributed to the racially exclusionary system that characterizes modern drug regimes. Through this approach, we also see a surprising history of racial thinking that binds the two countries more closely than we might think.
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Pettitt, Paul, Paul Bahn, Sergio Ripoll und Francisco Javier Muñoz Ibáñez, Hrsg. Palaeolithic Cave Art at Creswell Crags in European Context. Oxford University Press, 2007. http://dx.doi.org/10.1093/oso/9780199299171.001.0001.
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Cave art is a subject of perennial interest among archaeologists. Until recently it was assumed that it was largely restricted to southern France and northern Iberia, although in recent years new discoveries have demonstrated that it originally had a much wider distribution. The discovery in 2003 of the UK's first examples of cave art, in two caves at Creswell Crags on the Derbyshire/Nottinghamshire border, was the most surprising illustration of this. The discoverers (the editors of the book) brought together in 2004 a number of Palaeolithic archaeologists and rock art specialists from across the world to study the Creswell art and debate its significance, and its similarities and contrasts with contemporary Late Pleistocene ("Ice Age") art on the Continent. This comprehensively illustrated book presents the Creswell art itself, the archaeology of the caves and the region, and the wider context of the Upper Palaeolithic era in Britain, as well as a number of up-to-date studies of Palaeolithic cave art in Spain, Portugal, France, and Italy which serve to contextualize the British examples.
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Suutari, Pekka. Trajectories of Karelian Music After the Cold War. Herausgegeben von Fabian Holt und Antti-Ville Kärjä. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190603908.013.13.
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This chapter tells the story of the revival of interest in Karelian music in the Finnish-Russian border region of Karelia after the Cold War. During this tense time, Karelians had been subjected to territorial divisions and harsh assimilation policies. With Perestroika came new stores of Karelian culture under the influence of developments taking place across the Nordic and Baltic regions. This was a scenario for Karelians in both countries to express their sense of belonging in new ways, and music once again became a medium for this. The author draws on fieldwork in the Karelian town of Petrozavodsk since 1992 and uses two bands from there as focal points for exploring consciousness in the region and beyond in wider international trajectories in Central Europe, Scandinavia, and the United States.
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Roessler, Philip, und Harry Verhoeven. The Campaign. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190611354.003.0006.
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The military operation to unseat Mobutu forms the subject of this chapter. It opens with the blistering assault of the Rwandan Patriotic Army on the giant refugee camps outside Goma and Bukavu. Hundreds of thousands were repatriated, but the génocidaire hard core escaped into the Congolese rainforest. The failure to eradicate this threat would prove deeply consequential: it meant that the hunt for Interahamwe in Congo competed for Kabarebe’s attention with the campaign against Mobutu, leaving little time to focus on the all-important political task of building the AFDL into a true liberation movement. This was further complicated by emerging rivalries inside the AFDL which pitted the Congolese protagonists against each other—notably Kabila versus his fellow Katangese of the Tigres Katangais—but also the RPF against their Angolan comrades of the MPLA. Though the AFDL was a Pan-Africanist affair with military support and political encadrement from Eritrea, Ethiopia, Tanzania, Uganda, South Africa and Zambia, the two main providers of hard muscle—Kigali and Luanda—found themselves stumbling into a “race to Kinshasa,” when AFDL troops crossed from Eastern Congo into Western Congo around the border town of Tshikapa.