In the absence of an international migration regime, the rising salience of migration issues and the limits of unilateral policies led the European Union to seek appropriate venues for co-operation with the sending and transit countries of migrants. Many of the newer relevant multilateral or regional venues are soft law frameworks. Conversely, trade agreements provide a formal, hard law instrument for inserting migration clauses. Based on a quantitative analysis of EU trade agreements and expert interviews, this article investigates how far the EU is engaging in strategic issue-linkage when including migration clauses in its trade agreements. Testing hypotheses derived from rationalist and institutionalist approaches, it thereby provides an empirical test of its acclaimed identity as 'trade power' or 'market power'.
Notwithstanding their traditional attachment to sovereignty, Southeast and East Asian countries have embraced a dynamic agenda of labour mobility liberalisation through trade agreements. This article assesses the free movement agenda within ASEAN from a multi-level perspective, comparing it to ASEAN countries’ corresponding commitments within the World Trade Organisation’s General Agreement on Trade in Services and Free Trade Agreements (FTAs) concluded as a group or individually with non-ASEAN countries. Contrary to other trade aspects it turns out that intra-regional commitments within ASEAN do not significantly exceed multilateral ones, and score below the level of liberalisation achieved in ASEAN+ and bilateral FTAs. This article interprets this discrepancy as a consequence of strong economic and labour market differences among ASEAN members as well as the lower sensitivity of allegedly technocratic FTAs for considerations of national sovereignty. The article concludes with the limits of this trade policy approach for migration governance and migrants’ rights.
This article analyzes China's and India's role as emerging rulemakers in one of the most contested fields of international cooperation: labor mobility. It shows how both countries have seized the trade venue to negotiate labor mobility clauses that go well beyond the original preferences of established powers. Whereas India's more vocal claims have faced resistance, China's success in concluding far-reaching bilateral deals with Western countries is explained with stronger domestic regulatory capability and capacity. Maintaining a technocratic approach in trade negotiations, supported by the centralization of relevant competences in the trade ministry and consistently synchronizing external commitments with domestic reforms, China has been able to convey its market power into regulatory influence. As a result, the global standard for negotiating mobility in trade agreements has risennotwithstanding the enduring stalemate at the multilateral level.
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