Multicultural jurisprudence: comparative perspectives on the cultural defence
In: Oñati international series in law and society
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In: Oñati international series in law and society
In: Preadviezen uitgebracht voor de Nederlandse Vereniging voor Rechtsvergelijking 66
World Affairs Online
In: Collection "Hommes et sociétés
In: Menschenrechte und Solidarität im internationalen Diskurs, p. 87-100
In: Hawwa: journal of women in the Middle East and the Islamic World, Volume 5, Issue 1, p. 10-32
ISSN: 1569-2086
AbstractThis article reports on the most recent developments in Dutch, French and Belgian private international law concerning the problem of the recognition of repudiation. The comparison among the three systems—Dutch, French and Belgian—points to a noticeable disparity: France and Belgium have recently opted to strengthen their treatment of foreign repudiation. In 2005 the Netherlands decided to take a less strict approach. We review here in turn the French, Belgian, and Dutch positions.
In: Maastricht journal of European and comparative law: MJ, Volume 7, Issue 1, p. 11-34
ISSN: 2399-5548
In recent decades 'conflicts justice' in the realm of international family law has undoubtedly gained momentum in most European immigration countries. This is largely due to an increase in the number of cases relating to family disputes among migrants submitted to the courts. In the first part of this contribution (§ 2: 'The legal techniques at hand. The dramatic lack of adaptation of century-old techniques') I briefly describe how 'conflicts justice,' in the domain of cross-cultural family relations, is facing the impact of an unprecedented cross-boundary mobility of people from all over the world. This cross-border mobility has engendered a new type of social and cultural pluralism in most European host countries. In the second part (§ 3: 'The case of Moroccan women claiming protection under Belgian secular law') I illustrate the discussion on possible legal solutions for handling the 'conflicts justice' consequence of this cross-border mobility by referring to the very problematic position of Moroccan women who have immigrated to Belgium.
In: Journal of legal pluralism and unofficial law: JLP, Volume 28, Issue 36, p. 9-20
ISSN: 2305-9931
In: Les Cahiers du GRIF, Volume 48, Issue 1, p. 69-87
In: Ius Comparatum - Global Studies in Comparative Law 57
In: Springer eBook Collection
Uniform Law in a Divided Society: A Closer Look at the Iraqi Personal Status Code -- Pakistan Country Report: Challenges and Prospects -- Quelle place pour la diversité en droit tunisien du Statut personnel? -- United Arab Emirates: Temporary Multiculturalism, but Permanent Legal Pluralism? -- Multicultural Challenges in Japanese Family Law -- South Africa's Family Laws: A Potpourri of Some Sort? -- Czech Republic -- Hungary: The Concept of Family within the Framework of 'Illiberal Democracy' -- Romanian Report on Multiculturalism Challenges to Family Law -- Multicultural Challenges in German Family Law -- Multicultural Challenges in Family Law: Belgian Report -- Does Social Diversity Challenge Austrian Family Law? – Love, Law, Limits and Loopholes -- Finland -- Managing Religious Law in a Secular State: the Case of the Muslims of Western Thrace -- How does Turkish Family Law Cope with Different Ways of Living? -- General Report: Diverse Families: a Challenge to Law or just Business as usual? A Comparative Response.
In: Schriften zum Migrationsrecht volume 30
In: Schriften zum Migrationsrecht volume 30
In: Nomos eLibrary
In: Europarecht
Bringing together contributions from legal scholars and practitioners, this book contributes to a broader reflection on the extent to which policy controversies on humanitarian admission to Europe are channeled and managed through law. The book is divided into four parts. The first part identifies the international and European legal obligations that are binding on both the EU and the Member States, and the constraints they impose – potentially and actually – when dealing with migrants who are outside EU territory. The second part studies the legal framework of humanitarian admission in three Member States (Germany, Italy and Belgium), as well as the related procedures and practices. The third part focuses on the experiences of those seeking humanitarian admission, including how they mobilize the law to obtain legal access to Europe. It presents the results of ethnographic fieldwork conducted among refugees in a refugee camp in Uganda who are seeking resettlement, as well as the testimony of the lawyer who defended a Syrian family applying for a humanitarian visa in Belgium in a landmark case that was litigated before the CJEU (X. and X. v. Belgium). The fourth part discusses the prospects for future developments in the EU legal and policy framework, including attempts at reforming the EU Visa Code and establishing a Union resettlement framework. The book is edited by Marie-Claire Foblets and Luc Leboeuf, both from the Department of Law and Anthropology of the Max Planck Institute for Social Anthropology.
In several Western countries, expert commissions composed of academics, public figures, politicians and community organisers have been established by governments or civil society to reflect on the changes and challenges of an increasingly plural society. Commission recommendations on how to 'manage' diversities successfully have shaped national narratives and affected law and public policies, yet research on the workings of such commissions remains rare. British Multiculturalism: From Parekh to PREVENT, and BeyondBuilding on its companion volume (Public Commissions on Cultural and Religious Diversity: Analysis, Reception and Challenges), this book engages with core concepts of identity, nationality, citizenship, freedom, equality and accommodation. It will appeal to researchers and students of public policy, sociology, anthropology, law, religion, politics, history and migration studies, as well as policymakers and anyone with a general interest in current debates on ethnic, cultural and religious diversity. Cohesive Fear: A Comment on Maclure and LacroixIntroduction. A Retrospective on Diversity Commissions: From Set-Up and Working Methods to Impacting PolicyMaking a difference: Dialogue and compromise in the Belgian Federal Round Tables of Interculturalism Religious and Cultural Diversity in Belgium: Finding the Common DenominatorRetrospective on the French Stasi CommissionThis book focuses on the experiences of expert commissions in the UK, France, Quebec and Belgium. Furthering the debate on commissions' potential and limitations it draws on the first-hand experiences and introspection of former commission members and close observers, along with outside perspectives and critique from independent scholars.