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Allegiance and Identity in a Globalised World (Connecting International Law with Public Law)

Allegiance and Identity in a Globalised World (Connecting International Law with Public Law)

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Cambridge University Press, 11/6/2014
EAN 9781107074330, ISBN10: 1107074339

Hardcover, 688 pages, 22.8 x 15.2 x 3.5 cm
Language: English

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.

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 Cristóbal Jiménez 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 globalised 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 Tamás 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.