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Legal Histories and Legal Cultures in Global Borderlands

Tue, August 25, 2:30 to 4:10pm, TBA

Abstract

Living, working, and/or visiting a global borderland—semi-autonomous, foreign-controlled geographic locations geared toward international exchange (Reyes, in press) —necessarily entails interaction between different groups of people and the legal disputes that arise in these space derive from these daily occurrences. To highlight the relationship between these practices and contestations with the nationalities of the actors involved, I first outline how these issues relate to legal cultures and legal borders. Next, I provide a broad overview of the types of cases found within the Subic Bay Naval Base and Subic Bay Freeport Zone and cover the major subjects of contestation, which offers insights into the special legal and social features of global borderlands. Finally, I highlight cases that represent four analytic types of these negotiations. I highlight cases that represent four analytic types of these negotiations between (1) identity and territory as it relates to sovereignty and dependency and conflicts between Americans and Filipinos, (2) how courts disentangled territorial sovereignty and administrative sovereignty vis-à-vis property rights, (3) the rights and responsibilities of relationships based on blood versus those based marriage, and (4) the short- and long-term environmental obligations of the U.S. military. In doing so, I show how broader international relationships are filtered through everyday interactions, which both directly influence and are influenced by the macro ties between nation-states. I also show how territorial space, and the actions that occur within or outside them, are subject to important negotiations between countries.

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