Transnational Migration Law: Authority, Contestation, Decolonisation

Oxford University Press
Publication Type:
Oxford Handbook on Transnational Law, 2020
Issue Date:
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This chapter trace how “transnational migration law” has come to construct human mobility. It argues that “transnational migration law” is best conceived of as a useful methodological approach, rather than a distinct spatial domain of law, that can reveal the juridical assemblage of practices, subjects and relations for regulating migration. This chapter illuminates some of these core contested and potentially rival sites, forms and practices of transnational migration law-making, drawing attention to the productive and coercive forces of transnational migration law that have resulted in the maintenance of a “global hierarchy of mobility”. Yet, recognising that state attempts to monopolise “the legitimate means of movement” are incomplete and contest, the chapter argues that scholars of transnational migration law must pay attention to diverse and situated Indigenous legal traditions as sources of authority. In doing so, the chapter critically unpacks the relationship between migration and struggles for decolonization and global justice.
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