Allegiance and Identity in a Globalised World

International Law

Allegiance and Identity in a Globalised World

Edited by Fiona Jenkins · Mark Nolan · Kim Rubenstein
Cambridge University Press December 2018

Specifications

ISBN-13
9781107425378
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common connection to a nation-state. In a global context, however, we need more dynamic conceptions to understand the importance of maintaining diversity and building allegiance with others outside borders. Understanding how allegiance and identity are being reconfigured today provides valuable insights into important contemporary debates around citizenship.

This book reveals how public and international law understand allegiance and identity. Each involves viewing the nation-state as fundamental to concepts of allegiance and identity, but they also see the world slightly differently. With contributions from philosophers, political scientists and social psychologists, the result is a thorough appraisal of allegiance and identity in a range of socio-legal contexts.

Table of Contents

1. Introduction: allegiance and identity in a globalised world Fiona Jenkins, Mark Nolan and Kim Rubenstein

Part I. Constitutional Legal Foundations:
2. Identity at the edge of the constitutional community Elisa Arcioni
3. An odd partnership: identity-based constitutional claims in modern democracy Vito Breda
4. Reconciling regional autonomy with national sovereignty: what does China mean to Hong Kong? Simon Marsden
5. Is Europe still worth fighting for? Allegiance, identity, and integration paradigms revisited Pablo Cristobal Jimenez Lobeira

Part II. Indigenous and Customary Law:
6. (Em)placing law: migration, belonging and place in Solomon Islands Rebecca Monson and George Hoa'au
7. Does law constitute identity? Indigenous allegiance and identity in Australia Asmi Wood and Jo-Anne Weinman

Part III. Social Inclusion and Exclusion:
8. Pledging allegiance: the strangers inside democracy and citizenship Fiona Jenkins
9. When immigrants and converts are not truly one of us: examining the social psychology of marginalizing racism Michael J. Platow, Diana M. Grace and Michael J. Smithson
10. Diversity, national identity and social cohesion: welfare redistribution and national defence Peter Balint

Part IV. National Security Concerns and Counter-terrorism Law:
11. The security of citizenship?: Finnis in the context of the United Kingdom's citizenship stripping provisions Rayner Thwaites
12. Political criminals, terrorists and extra-criminal regimes of punishment Ben Golder and Christopher Michaelsen
13. Dangerous intersection: migration and counter-terrorism laws in the case of Dr Mohammed Haneef Susan Harris Rimmer

Part V. Forced and Voluntary Migration of Refugees and Children:
14. Recognition and narrative identities: is refugee law redeemable? Matthew Zagor
15. Myth-conceiving sovereignty: the legacy of the nineteenth century Eve Lester
16. Betrayal and broken ties: British child migrants to Australia, citizenship and identity Sharon Bessell

Part VI. Temporary or Permanent Labour Migration:
17. Temporary migration, identity and allegiance Valeria Ottonelli and Tiziana Torresi
18. Transnational labour migrants: whose responsibility? Susan Kneebone

Part VII. Transnational and International Legal Perspectives:
19. The complicated case of Stern Hu: allegiance, identity and nationality in a globalized world Joshua Neoh, Donald R. Rothwell and Kim Rubenstein
20. The end of Olympic nationality Peter J. Spiro
21. The perils of judicial construction of identity - a critical analysis of the International Criminal Tribunal for the Former Yugoslavia's Jurisprudence on Protected Persons Tamas Hoffman
22. Primordialism and otherness: the 'ethnic' underpinning of 'minority' in international law Mohammad Shahabuddin
23. The relevance of nationality in the age of Google, Skype and Facebook Rishi Gulati
24. Concluding remarks Thomas Pogge.
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