Contextualizing immigrant inter-wave dynamics and the consequences for migration processes

What drives international migration? Theories of migration networks, migration culture, migration systems and cumulative causation suggest that once a critical threshold level of migrants have settled, migration tends to stimulate the creation of social and economic structures that make the process of migration self-perpetuating (cf. Massey et al. 1987; de Haas 2010). One important aspect of the theory is that the more migrants from a particular locality settle in one place, their presence, assistance and established structures in the destination country act as incentives for others to follow in their footsteps, which emphasizes the instrumental role of pioneers’ agency in influencing others to follow suit. A historical perspective on the migration from Ukraine to the United Kingdom and the Netherlands challenges this assumption. While substantial numbers of migrants have settled in those destinations, migration, especially in the last 20 years, has not developed into large, self-sustaining migration systems (in comparison to the dynamic migration linkages between Ukraine and Southern European countries such as Portugal, Italy and Greece). Trying to understand why migration has not taken off, we argue that the role of settled pioneer migrants and their community structures in assisting others to follow in their footsteps should not be taken for granted. We argue that the role of pioneers is much more ambiguous and complex, and the relevant question about ‘bridgeheads’ and ‘gatekeepers’ (cf. Böcker 1994) should not be that of ‘either/or’ but ‘how much’, ‘to what extent’ or ‘under what conditions’.migration system, cumulative causation, Ukrainian migration, pioneer migrants, migration waves, United Kingdom, Netherlands

Dissenting Consciousness: A Socio-Legal Analysis of Russian Migration Cases before the European Court of Human Rights

This paper conceptualizes dissenting consciousness based on a qualitative case study of migrants’ and human rights lawyers’ everyday experiences of pursuing claims before the European Court of Human Rights (ECtHR) from Russia. Dissent as a theoretical concept is traced to judicial literature and modern social conflict theories. Dissenting consciousness heuristically captures a degree of agency rooted in the critique of law as illegitimate, yet short of active resistance. Drawing on recent developments around ‘under the law’ legal consciousness, disempowerment, and legal alienation, this perspective comes useful to unpack the ‘negative diagonal’ between ‘isolation/fatalism and the dissenting collectivism’, as core to this orientation of legality. Dissenting consciousness of migrants-litigants airs voices of challenge to the mainstream just as the subversive stories told by the past applicants and lawyers before the Strasbourg Court inject subtle heterodoxy into the legal process

The Women’s Complaint: sociolegal mobilization against authoritarian backsliding following the 2020 abortion law in Poland

The decision of the Constitutional Tribunal in October 2020 has severely curtailed women’s reproductive rights in Poland. Mass protests ensued. This article focuses on the untold story of a productive rupture that channelled the protesters’ efforts into a mass legal mobilization against the tribunal’s judgement to the European Court of Human Rights. These applications, known as the “Women’s Complaint,” were filed by over one thousand Polish women. Triangulating between analysis of interviews with human rights lawyers and feminist activists, and the legal reasoning of the petition, this article’s original contribution traces the evolution of the Women’s Complaint from a reproductive rights dispute to a challenge to the government’s authoritarian backsliding to better understand the relationship between social conflicts and legal mobilization. Reproductive rights and democratic values are inextricable; threats to one reinforce threats to the other. The Women’s Complaint is about women standing up for their reproductive rights and – in effect – spearheading a much broader rights-based litigation against authoritarianism

Migration systems, pioneers and the role of agency

The notion of a migration system is often invoked but it is rarely clearly defined or conceptualized. De Haas has recently provided a powerful critique of the current literature highlighting some important flaws that recur through it. In particular, migration systems tend to be identified as fully formed entities, and there is no theorization as to how they come into being. Moreover, there is no explanation of how they change in time, in particular how they come to decline. The inner workings – the mechanics – which drive such changes are not examined. Such critiques of migration systems relate to wider critiques of the concept of systems in the broader social science literature, where they are often presented as black boxes in which human agency is largely excluded. The challenge is how to theorize the mechanics by which the actions of people at one time contribute to the emergence of systemic linkages at a later time. This paper focuses on the genesis of migration systems and the notion of pioneer migration. It draws attention both to the role of particular individuals, the pioneers, and also the more general activity of pioneering which is undertaken by many migrants. By disentangling different aspects of agency, it is possible to develop hypotheses about how the emergence of migrations systems is related to the nature of the agency exercised by different pioneers or pioneering activities in different contexts.migration systems, agency, emergence, pioneer migrants, migrant networks, social capital

Introduction: Exploring the Comparative in Socio-Legal Studies

Among the diverse approaches to comparison in socio-legal studies those that employ qualitative research, richness of detail, and attention to context are the focus of this special issue. The Introduction draws on comparative law and social science literature to argue that comparison amongst studies of laws in contexts can follow different trajectories: the comparison may start from an assumption of similarity—in form, purposes, or context—in order to identify significant differences; or it may identify significant similarity across social and cultural divides. What unites many of the projects of comparison undertaken by qualitative empirical researchers is that the points of relevant comparison are identified within the complexity of the empirical studies at hand; and they are allowed to emerge, or change, as the researcher comes to understand the facts and issues more deeply

Facts and fabrications: experiences of law and legality among return migrants in Ukraine

How do return migrants reintegrate back into the society? This question has been explored by much academic scholarship interested in the migration and development nexus. This paper contributes to these debates, but focuses on the experiences of re-adaptation of return migrants in the legal sphere. It systematically addresses three interrelated questions. First, how do return migrants re-establish their relationship with the legal system upon arrival? Second, how do their experiences of return and re-adaptation, upon being exposed to different ways of understanding and relating to the law, contribute to their interpretations of legality, and influence their values and attitudes to law? Finally, how do return migrants’ responses to the law in the commonplace contribute to the production of legal knowledge? (cf. Yngvesson and Coutin 2006: 178; Riles 2006). The analysis is based on 99 in-depth interviews conducted in Ukraine with return migrants, family members of migrants and representatives of organizations that help return migrants reintegrate back into the society. The data has been gathered under the auspices of THEMIS project. Discussing migrants’ legal adaptations I pay particular attention to the logic of difference (Moore 1986) between how law and legality are being perceived ‘at home’ and abroad, and what this can tell us about 1) the safety and personal security of return migrants; 2) their relationships with the police, bureaucracy and local officials; and 3) their choice of career paths and business ventures in Ukraine. I employ the comparative lens on the role of law to grapple with the fabrications of some of socially constructed ‘myths’ about legality in Ukraine

Contextualizing immigrant interwave dynamics and the consequences for migration processes: Ukranians in the United Kingdom and the Netherlands

What drives international migration? Theories of migration networks, migration culture, migration systems and cumulative causation suggest that once a critical threshold level of migrants have settled, migration tends to stimulate the creation of social and economic structures that make the process of migration self-perpetuating (cf. Massey et al. 1987; de Haas 2010). One important aspect of the theory is that the more migrants from a particular locality settle in one place, their presence, assistance and established structures in the destination country act as incentives for others to follow in their footsteps, which emphasizes the instrumental role of pioneers’ agency in influencing others to follow suit. A historical perspective on the migration from Ukraine to the United Kingdom and the Netherlands challenges this assumption. While substantial numbers of migrants have settled in those destinations, migration, especially in the last 20 years, has not developed into large, self-sustaining migration systems (in comparison to the dynamic migration linkages between Ukraine and Southern European countries such as Portugal, Italy and Greece). Trying to understand why migration has not taken off, we argue that the role of settled pioneer migrants and their community structures in assisting others to follow in their footsteps should not be taken for granted. We argue that the role of pioneers is much more ambiguous and complex, and the relevant question about ‘bridgeheads’ and ‘gatekeepers’ (cf. Böcker 1994) should not be that of ‘either/or’ but ‘how much’, ‘to what extent’ or ‘under what conditions’

Socio-legal integration of Polish post-2004 EU enlargement migrants in the United Kingdom

After the Enlargement of the European Union in 2004, around a million Accession State migrants arrived in the United Kingdom, with Polish migrants constituting the largest group. There is a growing body of literature focusing on their migratory patterns, networks, labour market performance, and identity. However, little has been said so far about the Polish migrants' relationship with law in the United Kingdom.This thesis asks: how do the Polish post-2004 EU Enlargement migrants form their relationship with the law, and what are the factors that affect this? It focuses on the intricacies of migrants' choices of `semi-legal' over legal status, subsequent legalization strategies, and the interpretations of legality they result in.Socio-legal integration has so far been viewed solely via state legal frameworks, following the traditional approach of the `law-first' perspective. This thesis argues that it is not the institutional arrangements and legal architecture alone that decide the nature of migrants' semi-legal relationship with law in the host society. A more comprehensive insight into the socio-legal integration of migrants is possible only when we combine in the analysis the interplay between the structural factors of the host country's legal environment, migrants' agency and the culturally derived values, attitudes, behaviour and social expectations towards the law and its enforcement. The thesis therefore makes a case for a `proper' recognition of migrants' legal culture in the study of their socio-legal integration.The thesis concludes that semi-legality, as an initial response to the legal environment is not static, but changing. As a result, migrants' socio-legal integration is extended in time and gradual. Migrants' legality could be discussed at two levels - at the behavioural level and at the level of a value. Changing status between the two poles of legality and illegality brings with it greater appreciation of legality as a value. This research presents a strong argument that the relationship between behaviour and attitudes to law could be meaningfully investigated in an applied domain of the new socio-legal environment.</p