Law, Migration and Precarious Labour

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Author :
Publisher : Routledge
ISBN 13 : 1351791729
Total Pages : 244 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Law, Migration and Precarious Labour by : Anastasia Tataryn

Download or read book Law, Migration and Precarious Labour written by Anastasia Tataryn and published by Routledge. This book was released on 2020-11-09 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.

Law, Migration and Precarious Labour

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Author :
Publisher : Routledge
ISBN 13 : 1351791737
Total Pages : 190 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Law, Migration and Precarious Labour by : Anastasia Tataryn

Download or read book Law, Migration and Precarious Labour written by Anastasia Tataryn and published by Routledge. This book was released on 2020-11-09 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a radical new approach to labour migration, this book challenges the prevailing legal and political construction of the figure of the irregular migrant labourer, whilst at the same time reimagining this irregularity as the basis of an alternative, post-capitalist, sociality. The text draws on the work of contemporary philosopher Jean-Luc Nancy, and more specifically his term ‘ecotechnics’, in order to examine how economic, political, and juridical norms deny the full legal status of certain people who are deemed to be irregular. This ostensible irregularity is revealed as a regular feature of labour market practice, and a necessary support for the conceptual foundations of capitalist legality. As this book shows, however, this legality – and with it, the technological subordination of life to the circulation of capital as if this were the only possibility for our being in the world – is not insurmountable. The book’s consideration of the figure of the irregular migrant labourer comes to provide an alternative basis for reimagining our relationship not only with migration and with labour itself, but ultimately with each other. This powerful analysis of contemporary labour migration is of considerable interest to legal and political theorists, philosophers, labour lawyers, migration experts, and others with theoretical, political, or policy interests in this area.

Precarious Lives

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Author :
Publisher : Policy Press
ISBN 13 : 1447306910
Total Pages : 232 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Precarious Lives by : Hannah Lewis

Download or read book Precarious Lives written by Hannah Lewis and published by Policy Press. This book was released on 2015-11-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking volume presents the first detailed look at forced labor among displaced migrants who are seeking refuge in the United Kingdom. Through a critical engagement with contemporary debates about sociolegal statuses, endangerment, and degrees of freedom and its lack, the book carefully details the link between asylum and forced labor and shows how they are both part of the larger picture of modern slavery brought about by globalization.

Migrants at Work

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Publisher :
ISBN 13 : 0198714106
Total Pages : 502 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Migrants at Work by : Cathryn Costello

Download or read book Migrants at Work written by Cathryn Costello and published by . This book was released on 2014 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

Migrant Rights at Work

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Author :
Publisher : Routledge
ISBN 13 : 1317617819
Total Pages : 342 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Migrant Rights at Work by : Laurie Berg

Download or read book Migrant Rights at Work written by Laurie Berg and published by Routledge. This book was released on 2015-06-26 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

Care, Migration and Human Rights

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Publisher : Routledge
ISBN 13 : 1317646037
Total Pages : 213 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Care, Migration and Human Rights by : Siobhán Mullally

Download or read book Care, Migration and Human Rights written by Siobhán Mullally and published by Routledge. This book was released on 2015-02-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

Law, Precarious Labour and Posted Workers

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Author :
Publisher :
ISBN 13 : 9781032396019
Total Pages : 0 pages
Book Rating : 4.3/5 (96 download)

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Book Synopsis Law, Precarious Labour and Posted Workers by : Marta Lasek-Markey

Download or read book Law, Precarious Labour and Posted Workers written by Marta Lasek-Markey and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The 'posting' of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law's regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration"--

Negotiating Solidarity

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Publisher : Linköping University Electronic Press
ISBN 13 : 917685583X
Total Pages : 105 pages
Book Rating : 4.1/5 (768 download)

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Book Synopsis Negotiating Solidarity by : Nedžad Meši?

Download or read book Negotiating Solidarity written by Nedžad Meši? and published by Linköping University Electronic Press. This book was released on 2017-01-25 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precarious migrant workers are today an everyday part of the Swedish labour market. They often work under conditions of vulnerability, on temporary contracts and with few rights. This dissertation examines collective actions aiming to improve the precarious conditions of three categories of workers –discriminated, seasonal and undocumented. The collective actors examined in the dissertation are composed of formal organisations such as non-governmental organisations, organisations founded on ethnic grounds and trade unions, but also more temporary groups and networks. The analysis foregrounds contemporary societal, economical and legal transfigurations that create the conditions for collaboration among the actors and the negotiations which they conduct. The dissertation contains four articles. The first article, addressing the situation of discriminated migrant workers, scrutinises the conditions for the engagement of anti-discrimination agencies. The result of the study illustrates how the actors, as a consequence of state subsidies, alter their original course of conduct by becoming market orientated,which contributes to tensions in relations with other collaborators. The second and third articles focus on the situation of Bulgarian-Roma berry pickers in the 2012 harvesting season. Thesearticles illuminate on the one hand, the driving forces to their labour migration and the challenges faced in Sweden, and on the other, the emergence of different collective actions and their significance for the workers. The fourth article centres on two trade union initiatives for the inclusion of undocumentedmigrant workers. The article analyses the challenges faced by the unions as they seek to extend solidarity to workers who are relegated to informal work. The article also elucidates that this endeavour,nonetheless, may have the potential to transform the political identity of trade unions and, by extension through collaborations with other collective actors, open the doors of solidarity for precarious EU migrants. In sum, the four articles show that there is a broad range of collective actors who are preparedto assist precarious migrant workers and to negotiate and at best improve their labour market conditions.These actors face many and difficult challenges. However, as the dissertation demonstrates, their engagement has made the reality of precarious migrant work visible to the public, legitimised the workers’ needs and enabled them to claim their rights.

Migration, Precarity, and Global Governance

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191044660
Total Pages : 321 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Migration, Precarity, and Global Governance by : Carl-Ulrik Schierup

Download or read book Migration, Precarity, and Global Governance written by Carl-Ulrik Schierup and published by OUP Oxford. This book was released on 2015-02-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration, Precarity, & Global Governance explores an understudied, but central, area within contemporary studies of globalisation and precarisation. It relates to the interface between migration, global governance and the role of civil society, with particular focus on the dilemmas and options of trade unions, too often left off the agenda. The volume suggests that the trade union movement is undergoing a fundamental debate about revitalisation, which could play an important role in terms of the economic, political and social integration of migrant workers, with implications for the transformation of contemporary societies in general. The volume adopts an interdisciplinary and comparative approach, emphasizing the complexity of historically grounded social relations. It examines international migration as it is impacted by, and impacts on, globalization, social and political struggles, and the recurring crisis of capitalism. The first part of the book presents five complementary perspectives on the political economy of migration, labour, and citizenship. Part Two offers analyses of the relationship between labour unions and migrant workers. Part Three explores the way trade unions, migrant organisations, and other civil society groupings interact with an incipient global governance regime relating to migration. It also examines issues of state and non-state actors' accountability in relation to human rights claims as well as the impact of the norm of corporate social responsibility.

Precarious Lives

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Publisher : Policy Press
ISBN 13 : 1447320999
Total Pages : 233 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Precarious Lives by : Lewis, Hannah

Download or read book Precarious Lives written by Lewis, Hannah and published by Policy Press. This book was released on 2015-11-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access under CC-BY-NC-ND licence This ground breaking book presents the first evidence of forced labour among displaced migrants who seek refuge in the UK. Through a critical engagement with contemporary debates about precarity, unfreedom and socio-legal status, the book explores how asylum and forced labour are linked, and enmeshed in a broader picture of modern slavery produced through globalised working conditions. Drawing on original evidence generated in fieldwork with refugees and asylum seekers, this is important reading for students and academics in social policy, social geography, sociology, politics, refugee, labour and migration studies, and policy makers and practitioners working to support migrants and tackle forced labour.

Producing and Negotiating Non-citizenship

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Publisher : University of Toronto Press
ISBN 13 : 1442614080
Total Pages : 401 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Producing and Negotiating Non-citizenship by : Luin Goldring

Download or read book Producing and Negotiating Non-citizenship written by Luin Goldring and published by University of Toronto Press. This book was released on 2013-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most examinations of non-citizens in Canada focus on immigrants, people who are citizens-in-waiting, or specific categories of temporary, vulnerable workers. In contrast,Producing and Negotiating Non-Citizenship considers a range of people whose pathway to citizenship is uncertain or non-existent. This includes migrant workers, students, refugee claimants, and people with expired permits, all of whom have limited formal rights to employment, housing, education, and health services. The contributors to this volume present theoretically informed empirical studies of the regulatory, institutional, discursive, and practical terms under which precarious-status non-citizens – those without permanent residence – enter and remain in Canada. They consider the historical and contemporary production of non-citizen precarious status and migrant illegality in Canada, as well as everyday experiences of precarious status among various social groups including youth, denied refugee claimants, and agricultural workers. This timely volume contributes to conceptualizing multiple forms of precarious status non-citizenship as connected through policy and the practices of migrants and the institutional actors they encounter.

Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey

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Author :
Publisher : Transnational Press London
ISBN 13 : 1912997584
Total Pages : 306 pages
Book Rating : 4.9/5 (129 download)

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Book Synopsis Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey by : Sureyya Sonmez Efe

Download or read book Rights of Migrant Workers: An Analysis of Migration Policies in Contemporary Turkey written by Sureyya Sonmez Efe and published by Transnational Press London. This book was released on 2021-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book discusses how policymakers define migrant workers’ status and rights at international and national levels. Assessing the evolution of the language of rights for migrant workers in international law; definition of migrant workers in Turkish legislation; key political and economic factors on Turkish migration policies; protection mechanisms that safeguard migrant workers’ rights, it critically examines the policymaking processes at international, regional and national levels and evaluates the impact of the ‘values’ such as universal or ethnocentric values, on the definitions of status and rights of migrant workers. The chapters evaluate the status and rights of migrant workers through the lens of cosmopolitan moral constructivism and examine the law making procedures and illustrate the dynamism of these processes with the inclusion of various conditions and actors. The book dissects the key universal and national values that impact on rights of migrant workers. This timely book challenges the rising right-wing ethnocentric policy approaches to (labour) migration to migrant workers’ rights, and problematises the existing legal definitions within migration policies that place the rights of migrant workers into a precarious policy sphere. By entering the controversial political debate for labour migration and the policy making realm, this book is ideal for scholars and researchers of political science, international relations and social policy, particularly those focusing on international (labour) migration and migration policies. It will further benefit the policymakers and practitioners working on migration, such as UN agencies, NGOs, civil societies and local authorities.

Enforcing Exclusion

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Publisher : UBC Press
ISBN 13 : 0774837764
Total Pages : 246 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Enforcing Exclusion by : Sarah Grayce Marsden

Download or read book Enforcing Exclusion written by Sarah Grayce Marsden and published by UBC Press. This book was released on 2018-08-31 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada’s liberal dream, the law extends its benefits to everyone. But the law also determines who is included in that “everyone.” Migrant workers, long welcomed in Canada for their labour, are often excluded from both workplace protections and basic social benefits such as health care, income assistance, and education due to their lack of permanent status. Enforcing Exclusion recasts what migration status means to both the state and to non-citizens. Through interviews with migrants and their advocates, Sarah Marsden shows that migrants face barriers in law, policy, and practice, affecting their ability to address adverse working conditions and their interactions with institutions such as hospitals, schools, and employment standards boards. In documenting the impact of precarious migration status on people’s lives, Marsden questions the adequacy of human-rights-based responses in addressing its exclusionary effects.

Managing the Margins

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Publisher : OUP Oxford
ISBN 13 : 0191614521
Total Pages : 336 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Managing the Margins by : Leah F. Vosko

Download or read book Managing the Margins written by Leah F. Vosko and published by OUP Oxford. This book was released on 2011-03-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the precarious margins of contemporary labour markets. Over the last few decades, there has been much discussion of a shift from full-time permanent jobs to higher levels of part-time and temporary employment and self-employment. Despite such attention, regulatory approaches have not adapted accordingly. Instead, in the absence of genuine alternatives, old regulatory models are applied to new labour market realities, leaving the most precarious forms of employment intact. The book places this disjuncture in historical context and focuses on its implications for workers most likely to be at the margins, particularly women and migrants, using illustrations from Australia, the United States, and Canada, as well as member states of the European Union. Managing the Margins provides a rigorous analysis of national and international regulatory approaches, drawing on original and extensive qualitative and quantitative material. It innovates by analyzing the historical and contemporary interplay of employment norms, gender relations, and citizenship boundaries.

Migrant Labour and the Reshaping of Employment Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919163
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Migrant Labour and the Reshaping of Employment Law by : Bernard Ryan

Download or read book Migrant Labour and the Reshaping of Employment Law written by Bernard Ryan and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.

The Palgrave Handbook of International Labour Migration

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Author :
Publisher : Springer
ISBN 13 : 1137352213
Total Pages : 585 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis The Palgrave Handbook of International Labour Migration by : M. Panizzon

Download or read book The Palgrave Handbook of International Labour Migration written by M. Panizzon and published by Springer. This book was released on 2016-01-18 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.

Offshore Citizens

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Publisher : Cambridge University Press
ISBN 13 : 1108498175
Total Pages : 305 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Offshore Citizens by : Noora Lori

Download or read book Offshore Citizens written by Noora Lori and published by Cambridge University Press. This book was released on 2019-08-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of citizenship and migration policies in the Gulf shows how temporary residency can become a permanent citizenship status.