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

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Edited by: Marion Panizzon, Gottfried Zurcher, Elisa Fornale

ISBN13: 9781137352200
Published: March 2015
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £135.00



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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.

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Subjects:
Employment Law
Contents:
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
4. 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