The International Law of Economic Migration: Toward the Fourth Freedom

Trachtman, Joel P.

doi:10.17848/9781446319789

Cited by 49 publications

(23 citation statements)

References 71 publications

(125 reference statements)

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“…Their regulatory implications, however, are significant. First, access to state territory and the right to work are key prerogatives of the state, and apart from regional free movement regimes and the GATS, no international treaty concedes such rights to migrants (Trachtman 2009;Lahav & Lavenex 2012;Lavenex 2018). Second, the traditional instruments for labor mobility cooperationbilateral Memoranda of Understandingare legally nonbinding.…”

Section: Rulemaking On Labor Mobilitymentioning

confidence: 99%

Opening‐up labor mobility? Rising powers' rulemaking in trade agreements

Lavenex

Jurje

2019

Regulation & Governance

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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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Section: Rulemaking On Labor Mobilitymentioning

confidence: 99%

Opening‐up labor mobility? Rising powers' rulemaking in trade agreements

Lavenex

Jurje

2019

Regulation & Governance

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“…While the agreements vary considerably in their elaborateness and generosity to workers, they share many common elements (Trachtman 2009). They typically: (1) establish health, criminal-record, and other criteria for workers seeking employment in the host country; (2) obligate the source state to screen the workers; (3) give the workers legal protections in the host country; (4) limit or regulate recruiters, employers, or both; and (5) establish institutional mechanisms for administering the agreement.…”

Section: Historical Backgroundmentioning

confidence: 99%

“…Bilateral labor agreements (BLAs) are agreements that control the conditions under which source countries send temporary migrant workers to host countries. BLAs are diverse but they contain many common elements (Trachtman 2009). Host countries usually provide legal protections for migrant workers-protecting them from abuses by employers, allowing them access to health care, giving them information and aid when needed.…”

Section: Introductionmentioning

confidence: 99%

Why Countries Sign Bilateral Labor Agreements

Chilton¹,

Posner²

2018

The Journal of Legal Studies

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Countries have entered several hundred bilateral labor agreements (BLAs), which control the conditions under which source countries send migrant workers to host countries. Using an original data set of 582 BLAs extending from 1945 to 2015, we conduct the first statistical examination of these agreements. We find that the standard explanation for BLAs-that they are entered into by countries with large differences in wealth and political regimes-is true for host countries are Middle Eastern, but this pattern reverses for other countries that have formed BLAs. We also find that countries that enter BLAs experience greater migration flows, though we are not able to verify that the BLAs cause these increases.

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“…A concept of development that relies on individuals or households rather than regions is vulnerable to the concern of “brain drain” and the concern that investment in human capital becomes a public good and therefore subject to underinvestment (Trachtman, , 87). A counterargument – amplified by the theory of property rights – is the brain‐waste argument, pointing out that a dysfunctional institutional environment makes it very difficult for an individual to thrive, even if (especially if) he or she is well educated.…”

Section: Criticism Of the Property Rights Approachmentioning

confidence: 99%

Move inside the “Bell Jar”: A Property Rights Approach to the Skills of Migrants

Schlegel

2018

International Migration

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This article develops the idea that control over somebody's migration can be understood as a property right. In the context of migration and development, this means (1) that skills of migrants can be explained as a function of access to property rights; and (2) that the possibilities of investing in these skills could be improved by giving migrants access to property rights over their own migration. Compared with efforts to formalize property rights within developing economies, access to the property right over migration has the important advantage that its value does not depend on the (often dysfunctional) institutions of the country of origin.

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The International Law of Economic Migration: Toward the Fourth Freedom

Abstract: The international law of economic migration : toward the fourth freedom / Joel P. Trachtman.p. cm. Includes bibliographical references and index.

Cited by 49 publications

References 71 publications

Opening‐up labor mobility? Rising powers' rulemaking in trade agreements

Opening‐up labor mobility? Rising powers' rulemaking in trade agreements

Why Countries Sign Bilateral Labor Agreements

Move inside the “Bell Jar”: A Property Rights Approach to the Skills of Migrants

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