Transnational family relations in migration contexts: British variations on European themes

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Author(s): 
Prakash Shah
Publication: 
RELIGARE Working Paper No. 7
Abstract: 

This paper discusses the increasingly transnational and trans-jurisdictional activities that members of diasporic communities engage in, and the ways in which members of such communities may experience legal penalties within Western legal systems for such engagements. With a focus on British legal systems and some European jurisprudence, the paper outlines the ways in which trans-jurisdictional marriages and divorces have become two key areas where penalties may be experienced. The writer argues that this not only poses problems for the ways in which domestic legal systems in Europe may impose unjust results for those diasporic communities, but goes on to suggest that, for a more just global legal order, the basis of private international law rules in the principle of the ‘comity of nations’ may have to be rethought by its transformation to that of a ‘comity of peoples’.

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