Geographies of asylum, legal knowledge and legal practices

Law and legal discourses are an integral part of social life, a central means of producing social identities and exercising social power in day to day life. Critically informed geographical perspectives on law have illustrated in a number of ways how the legal and social (and therefore the spatial) are mutually constitutive. This paper argues that perspectives from critical legal geography can offer insights into the operation of asylum and immigration law in the UK in the late 1990s. This paper argues that legal practices and relations are organised in hegemonic and counter-hegemonic ways in different places and institutional contexts in London. In addition law and legal practices comprise a particularly important way in which ‘community’ can be constructed simultaneously across a variety of different scales in ways that can marginalise and exclude relatively powerless groups like asylum seekers. Thus refugee identities offer a particularly clear example of how social realities are constituted by law and legal practice.     

The politics of the Shanghai courts: the state,local elites,and social networks in Nationalist China, 1927–1937

This article explores the ways in which the Nationalist Party established dominance over the Shanghai courts in the foreign concession area to use them as weapons against political dissidents, and it analyzes the intricate relations among the Nationalist Party, local elites, and the Shanghai courts during the Nanjing decade (1927–1937). Building on recent studies that pay attention to the limited success of the Nationalist Party’s policy of putting the judiciary under Party control, this study demonstrates that the process of establishing the Nationalist Party’s dominance over the Shanghai courts was highly contested. The interplay between the Nationalist Party’s effort to gain control over the Shanghai courts by building formal and informal institutions and the local elites’ appropriation of their own social networks rendered the Shanghai courts vulnerable not only to the Party’s intervention, but also to the influence of social forces. I argue that due to the weak authority of the Shanghai courts, the Nationalist Party’s use of law against political foes could be a double-edged sword.     

Law and the historical geography of the Galilee: Israel's litigatory advantages during the special operation of land settlement

This article contributes to a re-evaluation of the role of law in historical geography. It focuses on Israeli officials' application of the complex legal process of ‘settlement of title’ to land in the all-Arab central Galilee during the 1950s and 1960s, which was aimed at transforming Jewish–Arab socio-spatial power relations in the region. Expanding Israeli conceptions of state land and the government's focus on contesting land claims of Arab citizens transformed the process into an overwhelmingly litigatory one, triggering thousands of legal disputes between state agencies and Galilee Arabs. Drawing on Galanter's work on repeat player advantage and Kritzer's work on government litigants, this article characterizes the state as a ‘government compound repeat player’, enjoying advantages that not only won cases in the Haifa District Court but that also had direct impact on the subsequent geographical transformation of the region. On a more general level, this article argues that law has played a greater role in shaping historical geographies than the literature might suggest and encourages additional work on the subject.     

Sexual citizenship in ‘the New Tasmania’

The state of Tasmania, the smallest in the Commonwealth of Australia, has recently reformed its law relating to relationships by amending over 100 pieces of legislation to include a range of relationships, including lesbian and gay partnerships, among those given recognition and legal entitlement. This government-sponsored legislation is represented as central to the program of economic revival, social reform and branding described as ‘the New Tasmania’. This article locates the relationship reform in this discourse of Tasmania's newness and in the context of neo-liberal approaches to globalisation. It argues that sexual citizenship takes a multitude of forms and its value, like the value of relationship reform legislation, cannot be easily determined. Indeed, it asks whether sexual citizenship as a form of belonging can ever be disentangled from the various contexts where it is performed. It concludes by privileging the desires and performances of sexual citizenship over the constitution of sexual citizenship in rights or recognition.     

The Egyptian Muslim Brotherhood and the South Sudan question: reconsidering moderation

This article examines the Egyptian Muslim Brotherhood (MB) movement's stand on the South Sudan question. The aim here is to contribute to the ongoing debate over the MB's moderation. Throughout the civil war in Sudan, the MB consistently objected to South Sudanese secession. Yet, while it had traditionally framed its objection in religious terms, describing the South Sudanese struggle as a Christian conspiracy against Islam, in the decade preceding South Sudan's declaration of independence it moved to base its opposition on more practical grounds, revolving around issues such the absence of democracy, stability and infrastructure in South Sudan. This correlated with wider shifts in the MB. Since the 1990s, the movement has claimed to have undergone a transformation, adopting a moderate, pro‐democratic stance. These statements persuaded many scholars that the MB has come to represent political moderation in both its domestic and international agenda. More recent works on the movement, however, have come to question the MB's moderation hypothesis, suggesting that even though the movement has changed its discourse and some aspects of its activism, this could not be seen as a linear process of moderation. This article uses the South Sudan case to further support this critique from a foreign policy perspective. It demonstrates that even though the MB changed its tactics and discourse, its goals remained unchanged— even when the circumstances and the normative environment changed dramatically. Moreover, it shows that at times of crisis, the liberal discourse gave way to the old‐fashioned radical discourse of previous decades.     

The Return of Displaced Nuer in Southern Sudan: Women Becoming Men?

Conceptualizing war‐time displacement as a catalyst for social change, this article examines the gendered emplacement experiences of returnee displaced women in the aftermath of the recent (1983–2005) civil war in South Sudan. The article attempts to shed light on the strategies of returnee women in transforming and contributing to their communities in the context of an independent South Sudan. It focuses specifically on their gendered emplacement strategies to access land, livelihoods and political rights. Through these diverse actions, some women contest and reconfigure gender identities while others reinforce unequal power relations within their households and communities. These gendered emplacements emphasize the hybridity of place, identity and self in processes of social transformation.     

Resolving or Exacerbating Disputes? The WTO's New Dispute Resolution System

In 1995 the dispute resolution system of the WTO was transformed to make it more effective in enforcing WTO rules. Ironically, the improvements in the system have contributed directly to greater conflict in the WTO. How can improving a system to resolve disputes actually exacerbate conflict? This article identifies a number of conflict‐enhancing consequences of the change in the dispute resolution mechanism. Conflict is not bad per se. Indeed, if the outcome of this conflict is that governments must better justify participation in the WTO, then conflict is good. But there is a danger that international courts are more likely than not to generate conflict, while the international legal and political system is less adept at weathering controversy and addressing valid public concerns. Left unaddressed, conflicts generated by international legal bodies can erode support for the international legal system and multilateral strategies in general. This article suggests solutions designed to build into internationally legalized processes political safety valves, greater political sensitivity, and improved accountability, as well as legitimacy enhancing devices. Demonstrated here in the case of the WTO, the analysis described applies to international legal systems generally.     

The Prestige of Australian State Supreme Courts Over the 20th Century

This article measures the prestige of the Australian State supreme courts and examines competing explanations for differentials in their prestige over the course of the 20th century. The study finds that the prestige of the State supreme courts are positively correlated with the reputation of their Bench, proxied by the number of High Court judges from that State; socioeconomic diversity in that State, proxied by the State's population; and legal capital, proxied by the number of pages of the official law reports of the State supreme court.     

Austronesian aboriginality or the ritual organization of the state? A controversy on the political dimension of temple networks in early bali

Since early colonial times, Dutch government officials as well as anthropologists have made a distinction between what have been called “Bali Aga”, the allegedly aboriginal inhabitants of Bali (Indonesia), and those inhabitants associated with title‐bearing groups oriented towards royal courts and brahmana ritual specialists. While the former have been described as constituting a society characterized by equality and democracy, the latter have been portrayed as being almost the opposite. This article questions the basic assumptions about the “Bali Aga”, especially the role of their ritual networks focusing on regional temples. These have been interpreted as a demonstration of equality and of a bounded “Bali Aga” ethnicity. This article suggests a different interpretation, one in which the ritual networks are understood as basic segments, not restricted to the Bali Aga, in the ritual organization of the pre‐colonial Balinese state.     

The necessary indeterminacy of self‐determination: Politics,law and conflict in the Horn of Africa

This article frames a themed collection on Nationalism and Self‐determination in the Horn of Africa. It demonstrates how the praxis of self‐determination in the Horn of Africa has contributed to normative developments. On the basis of case studies of Eritrea, Ethiopia, Somalia and Sudan/South Sudan this article argues that nationalism and self‐determination have had different meanings in the political cultures across the different countries and have changed over time. We contend that such indeterminacy is unavoidable and should be welcomed. Nationalism is driven by historical circumstances that are contingent and often transitory. Self‐determination claims based on such nationalism are equally contingent and transitory. When the principle of self‐determination gets translated into concrete legal entitlements (for instance, a referendum on independence), it tends to solve one problem only by creating others. Instead, the pursuit and realization of self‐determination require constant political processes.     

On political theology: A controversy between Hans Kelsen and Carl Schmitt

This article pays special attention to the large number of references to political theology by Hans Kelsen and Carl Schmitt, particularly in the interwar period, and seeks to interpret these references in a new way. While Schmitt's analogies between God and state are to be expected considering his strong Catholic roots, such comparisons are much more surprising for a positivist like Hans Kelsen, who always tried to relieve state and law from transcendental elements. The article concludes that, far from being marginal in the doctrinal dispute between Schmitt and Kelsen, references to political theology express and summarize their major controversy about the relation between state and law, as well as about the sources of the state's unity. The heart of the disputatio between the two jurists concerned the ability of the political power to emancipate itself from the juridical order. The ‘legal miracle’—in this context meaning the occasional autonomization of the state from law—was for Schmitt the manifestation of sovereign power. However, for Kelsen it represented the negation of the state's essence, whose actions must be determined only by the legal order.     

Business Failure,Capital Investment and Information: Mining Companies in the Anglo-Egyptian Sudan, 1900–13

Investment in mining enterprises in the British Empire was popular in the period 1880–1914 despite the high-risk nature of the business and the presence of unscrupulous company promoters who sought only pecuniary gain; most mining companies failed. This article examines the reasons for the failure of mining companies in Sudan to 1913, using this analysis to explore the importance of information for mining investment, the role of business and social networks in the formation of mining companies, the relationship between business and colonial government, and the ‘gentlemanly’ nature of the City of London as a financial centre with reference to the provision of capital and related specialist mining services. The main reason for the failure of mining in Sudan was deficient information on which investment decisions were based, related to inaccurate notions of mineral wealth located in the colony. Nevertheless, the dynamism of the City at this time can partly be explained by the ability to tease out commercial opportunity in the most marginal of locations with the minimum of capital outlay.     

Trafficking in Law: Cause Lawyer,Bureaucratic State and Rights of Human Trafficking Victims in Thailand

Abstract

In this case study of a young, Thai “cause lawyer”, advocacy for human rights is considered in context. The most important elements of that context are the path of development of Thai political and legal institutions, globalisation of law, and the networks of relationships that penetrate the state. The case study shows that human rights advocacy by NGO lawyers can adapt creatively to unpromising conditions under which courts provide little access or oversight. At the same time, the case study raises profound questions about the ultimate independence of cause lawyers when the state must be made a partner in order to establish the authority of law needed to make human rights advocacy possible. The ambiguity of the lawyer’s position is apparent from the relative ineffectiveness of her interventions and her growing moral authority on behalf of best practices under law. Her position suggests the limitations on law imposed by the underpinnings of the Thai state itself.     

South Africa's Current Transition in Temporal and Spatial Context

This article analyses South Africa's current postapartheid transition in the light of earlier transformations of its social and economic order. The first of these prior transformations is the abolition of slavery and the shift to liberal capitalism, which took place in the early nineteenth century. The second is the rapid industrialization of the late nineteenth and early twentieth centuries. Each of these transformations, as well as the current transition, is explained as being partly the outcome of a broad shift in capitalist practice, innovated in the metropoles of the global economy. Due to South Africa's situation within global economic networks, each of these shifts, at different times, raised the threat of a dislocation in South Africa's prevailing social order. However, each prior transformation and, it will be argued, the current transition, has been 'managed' by established elites so as to ensure minimal change to the overall distribution of privilege. This conservative 'management' of shifts in capitalist practice, it is suggested, has been facilitated through South African elites' historic engagement with cultural discourses circulating across a global terrain. In this article then, contemporary South Africa is located within both material and discursive networks which have historically influenced the country's distribution of privilege.     

Rights to food with a human face in the global south

This article seeks to dispel the popular myth surrounding the food crises which precipitated food riots in the global South in 2008. Arguing from a structural and historical perspective, the article suggests that global hunger is a deep-rooted crisis that is embedded in the social and structural variables associated within the nation-state that places a restraint on the self-regulating capacity of nation-states in the South. Internationalizing the food crisis, however, will do more harm to the south’s agricultural transformation and rural development. The article argues for integrated rural development that will increase output growth through an institutional, technological, and marketing strategy.     

FROM OLD BILLS TO SICK PIGS: OUR WAYSTO CAPTURE COMMUNITY

Abstract

Using the records of the Guildhall and Mansion House justice rooms, this article explores the summary justice process in the City of London in the second half of the eighteenth century. It suggests that there is much to learn about the way most Londoners experienced and used the law in this period. These courts were arguably more accessible to more people than the jury courts of Assize and Quarter Sessions that have remained the focus for most studies of the history of crime and criminality. This article will provide an introduction to the nature of these courts and to the sorts of offences and offenders that were brought to them.     

‘Las Vegas is not where we are’: Queer readings of the Civil Partnership Act

This article interrogates the United Kingdom's new Civil Partnership Act, which is intended to create a new legal status of ‘civil partner’. The Act confers benefits and imposes legal responsibilities on those same-sex couples who register their relationships. Analysing the Governmental material produced in support of the legislation, as well as Parliamentary debates, the article provides a critical analysis of the ideological underpinnings of civil partnership. A series of dichotomies—marriage/not marriage; sex/no sex; status/contract; conjugality/care; love/money; responsibilities/rights—informs the Government's construction of the category of ‘same-sex partner’. Those dichotomies lend themselves to a deconstructive analysis, applying the insights of queer theory. The result is a skepticism regarding the Act's replication of a marriage model for same-sex couples. Instead, the article concludes by advocating the search for more pluralistic and flexible legal models that better represent the diversity of relationship forms found today.     

Breaking ground—marginality and resistance in (post) unification Germany

Drawing on postcolonial theory and recent geographical debates on subaltern speech and marginal positioning this paper asks what the relevance of ‘place’ is for attempts to ‘transgress’ and ‘resist’ the marginalisation of (former) East Germans in (post)unification Germany. My intention is not to equate the postcolonial situation with that of East Germany after unification, but rather to engage the theoretical and political insights of postcolonial critiques to highlight the conflicts and contradictions that emerge from attempts to move ‘beyond’ oppressive binary constructions. Questions of speaking and listening, as well as seeing and being seen are attended to with a strong focus on the paradoxical places and spaces within which they come to matter in contradictory ways. How do the practices of listening/speaking, seeing/being-seen function to place particular groups in the social margin or centre of ‘(re)united’ Germany? Does ‘power’ reside less with the speaker than with the listener, or is it still important to claim voice (rather than being ‘given’ voice) as an ‘other’?The paper tries to work through some of the tensions, conflicts and concerns that have emerged from my PhD research on the construction of East German marginality through media practices, but also in German social, cultural, political and academic discourse. Perhaps the most significant of these conflicts is that of having lost one’s politically bounded place (as a GDR citizen) and yet finding oneself reconstituted in the (symbolic as well as socio-economic and political) margin of a nation that, to this date, is described as ‘divided within itself’. The sense of placelessness becomes politically relevant when ‘resistant’ or ‘transgressive’ acts are (to be) performed that have no ‘proper’ place from which to embark or in which to be staged. Similar to the post-colonial situation, where no ‘original beyond’ exists, and despite being frequently posited as a symbolically separate entity, ‘East Germans’ have no place for return, only an impossible situation of being constantly ‘out-of-place’ even in the locales that used to be ‘home’.     

环南海区域跨境航空网络空间结构演化

本研究收集2000、2010、2018年环南海区域各国家/地区间国际机场的跨境客运、货运航线和航班数目,探究近20年该区域跨境航空客运和货运网络的整体结构与空间格局演化特征,并综合客运和货运网络分析枢纽机场体系演化。研究发现：①该区域跨境航空网络的整体结构具有覆盖范围扩大、“小世界”效应明显和“无标度”特征显著的特点,但客、货运网络的演化存在差异。②该区域跨境航空客运网络具有明显的轴—辐组织结构特征,并呈现“多核心化”的演化趋势,而货运网络中以香港、新加坡为枢纽的轴—辐组织结构与局部性的“点—点”航空货运联系并存,尚未形成全局性的轴—辐组织结构。③该区域的区域客、货运枢纽机场发展呈现综合化、专业化趋势,香港（HKG）和新加坡（SIN）长期以来保持优势地位。     

Language Policy and Identity Conflict in Sudan

The Sudan, as it stands today, has clearly and definitely failed to form a united country. It has been involved in an internecine civil war. The war has not merely been a war of resistance against economic marginalization of the south, but one of racial or ethnic resistance to the dominant discourse in the north which lays claim to being racially and culturally superior. The violent political conflict that led to the secession of southern Sudan and the ongoing conflicts in some parts of the Sudan are legacies of the past. These legacies cannot be understood unless the tensions are placed in historical, political, and educational perspectives. This article attempts to describe Sudanese language policy and show its complexity, arbitrariness, and fluctuation. It aims to engage with issues of hegemony, language ideology, identity conflict, power asymmetries, and social inequality in language policy in the Sudan. The Arabic language has acquired dominant status while other languages have been marginalized in the process. This article also considers the historical diffusion of Arab identity and analyzes the relevance of the latter for civil conflicts and the cessation of the South. Finally, it closes with a discussion of the present day situation in Sudan and provides some critical reflections.