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Trends and Developments in the Legal Landscape

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

This chapter discusses some trends and developments in the regulatory landscape, such as the increasing tensions between the different regulatory systems, the prospects of the growing call for a ... More

This chapter discusses some trends and developments in the regulatory landscape, such as the increasing tensions between the different regulatory systems, the prospects of the growing call for a global data protection standard, and the cross-border enforcement issues presently encountered by data protection authorities (DPAs) and individuals alike. It concludes with a discussion of possible alternative solutions to improve the position of individuals in case of cross-border data protection violations. One of these solutions requires the introduction by multinationals of global corporate self-regulation backed up by government enforcement. By introducing the possibility for multinationals to make a choice of law and forum in these self-regulatory codes, it would be possible to have these codes supervised and enforced on a worldwide basis by one ‘lead’ DPA only, preferably the authority of the place of establishment of the headquarters of such multinational.Less

Conclusions

Marketa Trimble

in Global Patents: Limits of Transnational Enforcement

This concluding chapter begins with a discussion of the process of patent law internationalization. Patent law internationalization has made tremendous progress, which has improved the position of ... More

This concluding chapter begins with a discussion of the process of patent law internationalization. Patent law internationalization has made tremendous progress, which has improved the position of inventors who strive to protect their inventions in multiple countries or worldwide. However, the process has fallen short of providing viable worldwide protection that will reward inventors for the global disclosure of their inventions. Patent law internationalization to date has developed in three stages. The first stage began in the 1870s and resulted in countries giving foreigners the right to obtain patents under the same conditions as their own nationals. In the second stage countries created mechanisms for obtaining patents in multiple countries. The current (third) stage of patent law internationalization evidences the recognition by countries that international cooperation in the area of intellectual property cannot stop at granting rights in multiple countries; cooperation must embrace the effective enforcement of rights as well. The chapter then considers proposed solutions to the problems of cross-border enforcement and patent law harmonization.Less

Making the Local National

S. Deborah Kang

in The INS on the Line: Making Immigration Law on the US-Mexico Border, 1917-1954

Chapter 5 recounts how one local immigration official, Grover C. Wilmoth, El Paso district director of the INS, played a pivotal role in defining and advancing the enforcement priorities of the INS ... More

Chapter 5 recounts how one local immigration official, Grover C. Wilmoth, El Paso district director of the INS, played a pivotal role in defining and advancing the enforcement priorities of the INS among politicians and policymakers in Washington, DC. In an effort to create a semblance of order out of the disorder of the Bracero Program, Wilmoth lobbied Congress for legislation that would bolster the agency’s ability to pursue and apprehend undocumented immigrants in public and private spaces far north of the border. In addition, he was an active participant in President Truman’s Commission on Migratory Labor. Best known as an expose of the humanitarian crises facing migrant workers in the United States, the commission, thanks to Wilmoth’s contributions, also presented one of the first national expositions of a strong immigration enforcement policy for the US–Mexico border.Less

The Night Hike

Leah Sarat

in Fire in the Canyon: Religion, Migration, and the Mexican Dream

This chapter examines the vision and planning process behind the Caminata Nocturna, which began from a “Night Hike” in El Alberto as a response to the increased danger of crossing the U.S.-Mexico ... More

This chapter examines the vision and planning process behind the Caminata Nocturna, which began from a “Night Hike” in El Alberto as a response to the increased danger of crossing the U.S.-Mexico border. Using rigorous embodied action, the Caminata simulation of border crossing urges both tourists and the youth of El Alberto to set their sights not on the United States, but rather on the “Mexican Dream”—the dream of a future in which migration will no longer be a necessity. This chapter suggests that the Caminata does not only protest the trend of U.S. border militarization that has rendered undocumented passage increasingly difficult, but also unlocks the creative potential of the undocumented journey and channels it toward new ends. It argues that the Caminata humanizes migrants, whereas U.S. border enforcement policy objectifies them.Less

Traversing the Line: Border Crossers and Alien Smugglers

in Making the Chinese Mexican: Global Migration, Localism, and Exclusion in the U.S.-Mexico Borderlands

This chapter discusses inconsistencies of border enforcement at the southern U.S. border and the way in which Chinese smugglers blazed illegal pathways across the Arizona and California lines. The ... More

This chapter discusses inconsistencies of border enforcement at the southern U.S. border and the way in which Chinese smugglers blazed illegal pathways across the Arizona and California lines. The backdoor route was so successful that it spurred American politicians to seek a diplomatic solution to end illegal entry of Chinese at the country's northern and southern borders, although Canada was more inclined than Mexico to accommodate American requests. By the turn of the twentieth century, enforcing Chinese exclusion laws remapped the U.S.–Mexico borderlands on the basis of a new sense of territoriality.Less

Where Do We Go from Here?: Conditional Theories and Diverse Policies

Filiz Garip

in On the Move: Changing Mechanisms of Mexico-U.S. Migration

This chapter begins with the stories of three migrants to demonstrate the need to recognize that there might be different logics for migration, seek to identify the conditions under which each logic ... More

This chapter begins with the stories of three migrants to demonstrate the need to recognize that there might be different logics for migration, seek to identify the conditions under which each logic becomes salient, and devise diverse policies to achieve specific outcomes. It then discusses efforts to prevent undocumented migration that focus on border enforcement; the failure of alternative theories of migration to suggest straightforward policy prescriptions like the neoclassical model; ways of identifying “groups” of migrants; four contexts and four logics for migration; network effects in migration; and cultural expectations and family roles. The chapter also suggests general principles that can guide future research and policy.Less

Victims, Villains and Saviours

Ala Sirriyeh

in The Politics of Compassion: Immigration and Asylum Policy

This chapter examines how the governments of Australia, the UK and the United States have co-opted discourses of compassion for ‘deserving’ immigrants and refugees to justify the enactment of violent ... More

This chapter examines how the governments of Australia, the UK and the United States have co-opted discourses of compassion for ‘deserving’ immigrants and refugees to justify the enactment of violent and punitive policies. In particular, it explores the emergence of the figure of the people smuggler as a racialised and gendered villain in contemporary border enforcement narratives and as a target for outrage driven by ‘compassion’. It first considers how violent humanitarianism has been justified through three archetype and neocolonial characters developed through the border-enforcement narrative: the ‘suffering refugee’, the villainous ‘people smuggler’ and ‘migrant queue jumper’, and the saviour government. It then discusses the ways in which a discourse of compassion for ‘genuine’ victims has been employed to direct disapproval and outrage against smugglers and migrant ‘queue jumpers’. It also describes the criminalisation of solidarity and humanitarianism as part of the war on people smugglers.Less

Shielded by the Blood of Christ

Leah Sarat

in Fire in the Canyon: Religion, Migration, and the Mexican Dream

This chapter examines how Pentecostals in El Alberto respond to the challenges of the undocumented journey. In particular, it considers the ways that Pentecostals make sense of the heightened danger ... More

This chapter examines how Pentecostals in El Alberto respond to the challenges of the undocumented journey. In particular, it considers the ways that Pentecostals make sense of the heightened danger they face while attempting to cross an increasingly militarized U.S.-Mexico border. It describes how changes in U.S. border enforcement over the last few decades have led to an increasingly dangerous border situation that is sparking new theological reflection and even religious conversion. It shows that Pentecostals resort to prayer and worship to prepare migrants for departure and make sense of unsuccessful border crossing attempts. It also looks at Pentecostals' ad hoc theology of migration that addresses the contradictions of citizenship and exclusion in a bordered world. The chapter concludes with an analysis of the narratives and practices surrounding one man's near-death accident at the U.S.-Mexico border.Less

Uninformed Policies and Reactionary Politics: A Cautionary Tale from the United States

Douglas S. Massey

in Migration: Economic Change, Social Challenge

This chapter uses findings from earlier published work to illustrate how public policies enacted without any real understanding of underlying social and economic policies can be counter-productive. ... More

This chapter uses findings from earlier published work to illustrate how public policies enacted without any real understanding of underlying social and economic policies can be counter-productive. Specifically, immigration reforms enacted by the US Congress in the mid-1960s were enacted with the aim of eliminating racism from federal immigration law, but paid no attention to the underlying reality of a well-established, largely circular flow of legal migrants between Mexico and the United States. Lacking access to legal visas, migrants continued to enter without authorization, but this increase in illegal migration set off a chain reaction of increasingly conservative sentiment and restrictionist policies that increased, rather than decreased, the number of undocumented migrants in the United States, producing a marginalized population in peril of forming a very disadvantaged underclass. The chapter warns policymakers in other countries to avoid intervening in complex social and economic systems without properly understanding their operation.Less

Introduction

Benjamin Hoy

in A Line of Blood and Dirt: Creating the Canada-United States Border across Indigenous Lands

The introduction uses the stories of Andrue Berding, Walking Earth, and Red Dog to showcase the diversity of experiences that surround the Canada–US border. These accounts highlight the principal ... More

The introduction uses the stories of Andrue Berding, Walking Earth, and Red Dog to showcase the diversity of experiences that surround the Canada–US border. These accounts highlight the principal historical issues this book addresses: the colonial nature of the border, its uneven application, and the expansiveness of its enforcement. The introduction also outlines how the Canada–US border grew over more than a century in response to regional concerns related to Indigenous power, Chinese immigration, political angling, and natural resources. If the Canada–US border is remembered today as the “world’s longest undefended border,” that outcome was not preordained. It required that both countries learned to hide more than a hundred years of violence, anxiety, and dispute in order to do so.Less

The Chaos of Control

Benjamin Hoy

in A Line of Blood and Dirt: Creating the Canada-United States Border across Indigenous Lands

At the end of the nineteenth century, the Canada–US border operated as an inconsistent patchwork from one end of the continent to the other. Ottawa and Washington bankrolled the agencies that guarded ... More

At the end of the nineteenth century, the Canada–US border operated as an inconsistent patchwork from one end of the continent to the other. Ottawa and Washington bankrolled the agencies that guarded the international line, but never controlled what happened day to day. In a world filled with ambiguity, individual agents (rather than the federal government more broadly) became the key arbiters of how the border felt to surrounding communities. Corruption and misunderstandings proliferated. Federal agents misclassified, undervalued, and overenforced cargoes for personal profits. Merchants found loopholes of their own to exploit the economic environment created by the border.Less