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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Migrant Labour Law: Unfolding Justice at Work in Free Markets

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ISBN13: 9781760020644
Published: September 2016
Publisher: The Federation Press
Country of Publication: UK
Format: Hardback
Price: Price on Application

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.

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Other Jurisdictions , Australia
List of Abbreviations

1. Introduction
1.1 Why labour mobility?
1.2 Summary of book development
1.3 Analytical approach and methodology
1.4 Analytical background
1.5 Summing up

2. Workers on the Move
2.1 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 Migrants
3.1 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
3.8 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 Rights
4.1 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
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
4.8 Summing up

5. Free Trade in Labour
5.1 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 Governance
6.1 A sampling of the things to come
6.2 The genealogy of citizenship at work: Marshall’s theory
6.3 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
6.7 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
6.10 Challenges and controversies of the OML
6.11 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 citizenship
6.13 Lessons from the free movement of workers after the EU enlargement
6.14 Summing up

7. Borderless Industrial Denizenship
7.1 A sampling of the things to come
7.2 The soft-bordered model of industrial citizenship
7.3 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

Reference List