1
[ Journal of Legal Studies, vol. 47 (January 2018)]
© 2018 by The University of Chicago. All rights reserved. 0047-2530/2018/4701-00xx$10.00
Reflections on the Role of Law in the Gulf
Migration System
Andrew Gardner
ABSTRACT
This paper, grounded in a series of ethnographic projects concerned with transnational labor
migration to the Arabian Gulf states, commences with an overview of the Indian Ocean migra-
tion system that shuttles tens of millions of temporary workers to and from the wealthy Gulf
states. The remainder of the paper comprises two assertions and evidence to support them.
First, the paper contends that the symbolic role of law in contemporary Arabia often eclipses
its other functions in the region. Second, the paper contends that the demographic terrain of
the contemporary Gulf states poses unprecedented challenges for the implementation of law
and policies concerning foreign migrants and their presence in Arabia. While the ethnographic
evidence presented in this paper is primarily drawn from Qatar, these points can be extrapo-
lated to all six of the Gulf Cooperation Council states.
1. INTRODUCTION
In the United States, the predominant focus of our attention has long
been directed at the low of transnational migrants across the southern
border of our nation. Through this geographical logic, migration from
Mexico and Central America has occupied the center stage of our atten-
tion, sometimes accompanied by information and news concerning other
migrations and movements, particularly (and recently) those with an end
point in western Europe. While these North American and European des-
tinations remain the primary end points in the mobilities that characterize
our contemporary world, the wealthy Arab Gulf states are the third most
andrew gardner is a Professor of Anthropology at the University of Puget Sound. This
paper was presented at the conference “Optimal Design of Guest Worker Programs,”
hosted by the University of Chicago Law School, October 7–8, 2016. Support from the
Qatar National Research Fund’s National Priorities Research Program, the Open Society
Foundation, and the University of Washington’s Whiteley Center were key features of this
paper’s production.