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The Palgrave Handbook of International Labour Migration: Law and Policy Perspectives

The Palgrave Handbook of International Labour Migration: Law and Policy Perspectives

Author: Marion Panizzon; Gottfried Zurcher; Elisa Fornale
Publisher: Palgrave Macmillan
ISBN: 9781137352200
Published In: March 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This authoritative and accessible state-of-the-art reference collection maps the changing landscape of labour mobility in terms of the dialectic between state sovereignty and market-based logic, which is transforming the speed, scope and scale of transboundary migration-for-employment. Faced with the absence of a multilateral treaty and of a global architecture, governments today are turning to bilateral agreements as the preferred mode of migration governance to deal with the cross-border movement of capital and persons. In this context, more recently, private actors have challenged state regulations to increasingly bypass the complexities of their immigration laws and policies. This duality between immigration regulations and the market-based logic of trade agreements offers the opportunity to conduct a deep examination of the relationship between labour migration and the state-centred regime, arguing that this mobility and related transnational dynamics in particular provides an opportunity to examine the changing- or indeed unchanging - nature of the sovereign principle.

This insightful collection offers a conceptual framework of the development of interdisciplinary approaches to the management of labour mobility - including transnationalism, economics, legal and social sciences. Eminent scholars from various disciplines and perspectives analyse labour mobility issues across the major countries of origin and destination over four continents, with an emphasis on theoretical reflection and empirical analysis. The Palgrave Handbook of Labour Migration goes beyond the assumption that states are the only actors in the design and implementation of migratory policies. It maps the field, framing legal and political questions to address the main elements of labour mobility, including the limits and challenges of state action.

Foreword

Gottfried Zurcher

Introduction: Conceptualizing a Pluralist Framework for Labour Mobility

Gottfried Zurcher, Marion Panizzon and Elisa Fornale

PART I: MOBILITY REGIME PERSPECTIVES: A MULTILEVEL GOVERNANCE

1. Trade, Migration and the Crisis of Globalization

Jim Hollifield, Lucie Cerna and William Hynes

2. Labour Migration, Trade and Investment: From Fragmentation to Coherence

Thomas Cottier and Charlotte Sieber-Gasser

3. GATS Mode

and Labour Mobility: the Significance of Employment Market Access

Johanna Jacobsson

PART II: DEVELOPMENT PERSPECTIVE: THE EMERGING ROLE OF PRIVATE SECTORS, TRANSNATIONAL FAMILIES AND THE DIASPORA

4. Labour, Migration and Development: an Analysis of the Role of International Organizations and Civil Society

Jerome Elie

5. Public-private Regulation of Labour Migration: A Challenge to Administrative Law Accountability Mechanisms

Tesseltje de Lange

6. Migration Regimes and Their Linkages for Family Unity and Integrity, and Development

Piyasiri Wikramasekara

7. Mobilizing Development-Friendly, Investments and Entrepreneurship by Overseas Migrants

Leila Rispens-Noel and Jeremaiah Opiniano

PART III: LABOUR (HUMAN RIGHTS) STANDARDS PERSPECTIVE: MIGRANT WORKERS' RELATIONSHIP WITH MIGRATION STRATEGIES

8. Low-skilled Labour Migration and Free Trade Agreements

Philip Martin

9. Evaluating Bilateral Migration Agreements in Light of Human and Labour Rights

Ryszard Cholewinski

10. Human Security and Human Rights of Labour Migrants in the Inter-American System

Dorothy Estrada-Tanck

PART IV: ASIA

11. Labour Migration in Asia and the Role of Bilateral Migration Agreements

Graziano Battistella

12. 'Migration as Diplomacy' in the Labour Migration and Refugee Flows between the Gulf and the Asian Countries

Helene Thiollet

13. Labour Migration under the Japan-Philippines and Japan-Indonesia Economic Partnership Agreements

Yoshiko Naiki

PART V: EUROPE

14. Free Movement Law within the European Union: Workers, Citizens and Third-Country Nationals

Sarah Sanchez Iglesias

15. The Temporary Movement of Natural Persons in the Context of Trade in Services: EU Trade Policy Under Mode 4 (WTO/GATS)

Jan Schmitz

16. Euroafrican and Latin American bilateral migration agreements: the role of State-Diaspora partnership

Marion Panizzon, Myriam Hazan, and Sonia Plaza

PART VI: AFRICA

17. Operationalizing the ECOWAS Protocol on Free Movement of Persons: Prospects for Sub-Regional Trade and Development

Adepoju Aderanti

18. Migration Partnerships And The Role Of Public-Private Partnerships: The Nigeria-Switzerland Migration Partnership

Amanda Bisong

PART VII: LATIN AMERICA

19. Intra-regional Mobility in South America: The Andean Community and MERCOSUR

Natalia Bernal, Maria Angelica Prada, Rene Fernando Uruena Hernandez

20. Challenges and Features of Migration and Trade Policies towards Latin America

Cesla Amarelle and Elisa Fornale

21. Comparative Analysis of Migration and Development Policies in Latin America: Joint Reflections on their Impact on Highly Skilled Mobility and Diaspora

Caroline Caplan, Marion Panizzon and Elisa Fornale