Migrant Labour Law Unfolding Justice at Work in Free Markets

In our globalised world, we constantly talk about the need to future-proof our skills and jobs to remain competitive in an increasingly mobile society and economy. However, labour migration policies, institutions and safeguards are lagging way behind. This study endeavours to explore possible solutions in order to address the issues and needs of a mobilised global workforce. The analysis aims at making the theoretical leap from a citizenship and border-based framework of industrial relations to a more holistic concept of borderless labour mobility that prioritises global interests.

CONTENTSPrefaceAcknowledgementsAbout the AuthorList of AbbreviationsTable of Statutes 1. Introduction1.1 Why labour mobility? 1.2 Summary of book development 1.3 Analytical approach and methodology 1.4 Analytical background Labour studies Citizenship studies Migration studies 1.5 Summing up 2. Workers on the Move2.1 A sampling of the things to come 2.2 Overview 2.3 Historical context of modern migration 2.4 Human development and pressures to migrate 2.5 Migration drivers 2.6 Movement patterns 2.7 Employment and immigration 2.8 Summing up 3. Justice at Work for Migrants3.1 A sampling of the things to come 3.2 Policy trends 3.3 The freedom to choose where to work 3.4 Early initiatives for an integrated approach in migration and human rights 3.5 Working conditions and treatment of migrants in the ILO’s Decent Work Agenda 3.6 Reasons for decent work deficits 3.7 The antithesis of decent work: forced labour of trafficked migrants and other vulnerable groups Trafficked migrants Female domestic workers Unauthorised migrant workers3.8 Global mobility, international trade and the new migrant worker 3.9 The rise and fall of the welfare state for migrant workers 3.10 Summing up 4. The Legal Apparatus of Cross-Border Labour Rights4.1 A sampling of the things to come 4.2 Migration hurdling and human rights infringement 4.3 International regulation of social security rights for migrant workers 4.4 The international law of labour migration: ILO’s minimum standards and instruments Regulatory framework Fundamental principles, rights and standards Practical application of instruments 4.5 The international human rights law of migrant workers: the United Nation’s ICRMW 4.6 Beyond Conventions and Institutions: a new international regime on labour migration 4.7 Bilateral and regional agreements regulating cross-border labour migration Bilateral agreements Regional agreements4.8 Summing up 5. Free Trade in Labour5.1 A sampling of the things to come 5.2 Perspectives and prospects for the international trade law of migrant workers 5.3 Migrant labour undervaluation and comparative advantage in the WTO system 5.4 WTO rules and the social clause on international labour standards 5.5 The initial debate on the inclusion of labour standards in the WTO 5.6 The multilateral opening of international labour markets in GATS Mode 4 5.7 Restrictions to temporary movement under GATS Mode 4 5.8 The second generation of bilateral migration agreements 5.9 Summing up 6. The Missing Link in Global Migration Governance6.1 A sampling of the things to come 6.2 The genealogy of citizenship at work: Marshall’s theory Civil citizenship Political citizenship Social citizenship Beyond social citizenship6.3 The anomaly of industrial citizenship 6.4 Beyond the original concept of industrial citizenship 6.5 The collectivisation of industrial citizenship rights 6.6 The avenues of modernisation for industrial citizenship Industrial and economic citizenship Industrial citizenship beyond the workplace6.7 The legal and political scope for an international body dealing with issues of labour migration 6.8 The legal and policy framework for a new transnational order of migrant labour governance 6.9 The framework model of an organisation for migrant labour Constitutional platform and mission Organisational coverage Membership and accession system Organisational structure Organisational powers and functions Organisational obligations and commitments6.10 Challenges and controversies of the OML The border control coordination system The social security coordination system6.11 The European Union labour citizenship as a prototype for borderless industrial citizenship 6.12 The link between the EU free movement of workers and borderless industrial citizenship6.13 Lessons from the free movement of workers after the EU enlargement Migrant workers Receiving countries (EU15) Sending countries (EU8 and EU2) 6.14 Summing up 7. Borderless Industrial Denizenship7.1 A sampling of the things to come 7.2 The soft-bordered model of industrial citizenship Denizenship Borderless and industrial7.3 Furthering the de-nationalisation of industrial citizenship 7.4 The stateless concept of industrial denizenship 7.5 The call for a new union model 7.6 Illegal migration dimensions of industrial denizenship 7.7 What lies ahead of cross-border economic migration? 7.8 Borderless industrial denizenship and migrant labour 7.9 Control policy for borderless industrial denizenship 7.10 The identity issue for the borderless industrial denizen 7.11 Summing up 8. ConclusionReferences Index