Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

One, two or three parents? Lesbian co-mothers and a known donor with 'family life' under Dutch law

In recent years much attention has been paid to the equal treatment of same-sex couples in the Netherlands. This led to the introduction of registered partnerships in 1998 and culminated in the opening of marriage to same-sex couples on 1 April 2001. But what of the children being raised or growing up in these registered partnerships and marriages? How much attention has been paid to their rights to equal treatment? Since 1998 the Dutch government has taken a number of measures to give more legal protection to same-sex families and their children. However, the regulations introduced for this purpose turn out to be rather incoherent and do not yet guarantee full equality, in particular for the children concerned. This article discusses the problems that may occur in practice and suggests possible solutions in the context of a specific case that recently came before the Dutch courts which concerned a lesbian couple who had met a man willing to donate his sperm, on the condition that he could be involved in the child's life in the background and be known as the child's father. The dispute centred on the question of which two of these three adults were entitled to become the legal parents of the child.     

Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation

This paper examines to what extent the background presence of state regulatory capacity – at times referred to as the “regulatory gorilla in the closet” – is a necessary precondition for the effective enforcement of transnational private regulation. By drawing on regulatory regimes in the areas of advertising and food safety, it identifies conditions under which (the potential of) public regulatory intervention can bolster the capacity of private actors to enforce transnational private regulation. These involve the overlap between norms, objectives, and interests of public and private regulation; the institutional design of regulatory enforcement; compliance with due process standards; and information management and data sharing. The paper argues that while public intervention remains important for the effective enforcement of transnational private regulation, governmental actors – both national and international – should create the necessary preconditions to strengthen private regulatory enforcement, as it can also enhance their own regulatory capacity, in particular, in transnational contexts.     

Preparing the design of robust climate policy architectures

The design of climate policy architectures depends on how its multiple designers identify the climate problem, on the principles they adhere to, and on the criteria they apply for assessing the performance of the constructed agreements. This article presents five core features of the climate policy problem, five principles demanding respect when designing policy, and a particular specification of the four general criteria: efficacy, efficiency, equity, and institutional feasibility. The central policy problem of climate change is the phasing out of non-sustainable energy use by orchestrating trillions of decisions by billions of people. Principles like universality, realism, and transparency are important, but when balancing a global agreement, taking into account diversity and sovereignty are outstanding. For addressing the climate change challenges, the equity criterion should be taken more seriously by the negotiating countries than at present. In a diverse world, equity conflicts are likely to be further exacerbated by attempts to impose uniform approaches like global carbon trading or a harmonized global carbon tax rate. The uniform approaches, lauded by economists and policy makers as superior, are also criticized here as not being so effective and efficient as pretended.