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Law Beyond Borders: Transnational Legal Pluralism Following Hong Kong’s New Reality

Blomqvist, Pontus LU (2022) SOLM02 20221
Department of Sociology of Law
Abstract
Hong Kong is a region undergoing rapid social, political, and legal change as mainland China seeks to increase its control over the previously largely autonomous region with laws such as the national security law which asserts its jurisdiction beyond borders, complicating matters for Hong Kongers living abroad. The effects of law asserting its jurisdiction beyond borders is contingent on the relative dependency of states, as can be seen in the South Korean strategy with regards to the national security law where the state has sought to maintain “strategic ambiguity” in order to balance US and Chinese relations. An Ambiguous approach provides an increased opportunity for other forms of normative orderings to enter the social sphere, having... (More)
Hong Kong is a region undergoing rapid social, political, and legal change as mainland China seeks to increase its control over the previously largely autonomous region with laws such as the national security law which asserts its jurisdiction beyond borders, complicating matters for Hong Kongers living abroad. The effects of law asserting its jurisdiction beyond borders is contingent on the relative dependency of states, as can be seen in the South Korean strategy with regards to the national security law where the state has sought to maintain “strategic ambiguity” in order to balance US and Chinese relations. An Ambiguous approach provides an increased opportunity for other forms of normative orderings to enter the social sphere, having an impact on Hong Kongers who now find themselves in a new legal reality not only in Hong Kong but in a wider transnational context as a result of China's political influence. This thesis seeks to answer the question of how Hong Kongers living in South Korea navigate the context of transnational legal pluralism through a qualitative approach, analyzing eight in-depth semi-structured interviews, utilizing theoretical perspectives from legal pluralism and state influence. Findings indicate that Hong Kong law manages to exert influence and regulate life across borders, maintaining a large presence in the lives of Hong Kongers in South Korea where it exists in competition with a multiplicity of normative orderings in a changing social field, making it important for states committed to human rights to participate in the dynamic reconfiguration of the law. (Less)
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author
Blomqvist, Pontus LU
supervisor
organization
course
SOLM02 20221
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Legal Pluralism, Migration, State Influence, Transnationalism, National Security Law, Hong Kong, South Korea
language
English
id
9083680
date added to LUP
2022-08-01 13:58:57
date last changed
2022-08-01 13:58:57
@misc{9083680,
  abstract     = {{Hong Kong is a region undergoing rapid social, political, and legal change as mainland China seeks to increase its control over the previously largely autonomous region with laws such as the national security law which asserts its jurisdiction beyond borders, complicating matters for Hong Kongers living abroad. The effects of law asserting its jurisdiction beyond borders is contingent on the relative dependency of states, as can be seen in the South Korean strategy with regards to the national security law where the state has sought to maintain “strategic ambiguity” in order to balance US and Chinese relations. An Ambiguous approach provides an increased opportunity for other forms of normative orderings to enter the social sphere, having an impact on Hong Kongers who now find themselves in a new legal reality not only in Hong Kong but in a wider transnational context as a result of China's political influence. This thesis seeks to answer the question of how Hong Kongers living in South Korea navigate the context of transnational legal pluralism through a qualitative approach, analyzing eight in-depth semi-structured interviews, utilizing theoretical perspectives from legal pluralism and state influence. Findings indicate that Hong Kong law manages to exert influence and regulate life across borders, maintaining a large presence in the lives of Hong Kongers in South Korea where it exists in competition with a multiplicity of normative orderings in a changing social field, making it important for states committed to human rights to participate in the dynamic reconfiguration of the law.}},
  author       = {{Blomqvist, Pontus}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Law Beyond Borders: Transnational Legal Pluralism Following Hong Kong’s New Reality}},
  year         = {{2022}},
}