Transnational Migration Law: Authority, Contestation, Decolonisation

Dehm, S

Transnational Migration Law: Authority, Contestation, Decolonisation

Dehm, S

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Publisher:: Oxford University Press
Publication Type:: Chapter
Citation:: Oxford Handbook on Transnational Law, 2020
Issue Date:: 2020-01-01

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Field	Value	Language
dc.contributor.author	Dehm, S https://orcid.org/0000-0002-5504-4639	en_US
dc.contributor.editor	Zumbansen, P	en_US
dc.date.issued	2020-01-01	en_US
dc.identifier.citation	Oxford Handbook on Transnational Law, 2020	en_US
dc.identifier.uri	http://hdl.handle.net/10453/136596
dc.description.abstract	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.	en_US
dc.publisher	Oxford University Press	en_US
dc.relation.ispartof	Oxford Handbook on Transnational Law	en_US
dc.rights	This is a pre-copyedited, author-produced version of an article accepted for publication in Oxford Handbook on Transnational Law following peer review. The version of record Oxford Handbook on Transnational Law, 2020 is available online at: (DOI URI unavailable).	en_US
dc.title	Transnational Migration Law: Authority, Contestation, Decolonisation	en_US
dc.type	Chapter
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	open_access
pubs.consider-herdc	true	en_US
pubs.publication-status	Accepted	en_US

Abstract:

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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http://hdl.handle.net/10453/136596