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1
Lujic, Tijana, and Margaret E. Peters. "Informalization, obfuscation and bilateral labor agreements." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 113–46. http://dx.doi.org/10.1515/til-2022-0013.
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Abstract Researchers who have attempted to collect and compare bilateral labor agreements (BLAs) have encountered varying degrees of accessibility of information on these agreements. Why is it harder to find out information on some bilateral labor agreements than others? In this Article, we argue that it is more difficult to find information and agreements tend to be more informal when governments want to obscure what they are doing. Building on insights from the study of optimal obfuscation in trade policy and research on informal institutions in international politics, we argue that policymakers use more informal agreements and make it more difficult to find information on BLAs when they think they will be politically unpopular and are unlikely to be ratified. In contrast, leaders will be more likely to use formal agreements when they want to lock in a policy. Drawing on original quantitative data on the accessibility of information on bilateral labor agreements and Peters’ 2019 database on BLAs, the Article analyzes the accessibility of information on bilateral labor agreements and finds some support for our argument.
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Chilton, Adam S., and Eric A. Posner. "Why Countries Sign Bilateral Labor Agreements." Journal of Legal Studies 47, S1 (January 2, 2018): S45—S88. http://dx.doi.org/10.1086/694456.
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Hyde, Alan. "Getting China into the game: Bilateral labor agreements in the system of global labor rights." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 205–21. http://dx.doi.org/10.1515/til-2022-0016.
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Abstract Bilateral trade agreements are the preferred mode of transnational regulation for the People’s Republic of China. China has made promises on labor rights in draft bilateral agreements that it has not previously made in any other venue. The future of transnational labor regulation requires Chinese participation. Bilateral agreements should therefore become a normal part of transnational labor law. Model labor rights provisions for bilateral agreements should be promulgated. Consultative and informal enforcement will be necessary.
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Chilton, Adam, and Bartosz Woda. "The expanding universe of bilateral labor agreements." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 1–64. http://dx.doi.org/10.1515/til-2022-0010.
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Abstract In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that the ILO has identified as best practices for these agreements. Using this data, we show that, unlike some other forms of bilateral agreements, the rate of BLAs being signed has remained relatively high during the first two decades of the twenty-first century. Additionally, we also show evidence that, although many BLAs were formed during this period, relatively few agreements include various worker protections advocated for by activists, scholars, and NGOs.
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Maximova, Anna, and Mihai Paraschiv. "The Effect of Bilateral Labor Agreements on Trade." Journal of Economic Integration 37, no. 4 (December 15, 2022): 649–704. http://dx.doi.org/10.11130/jei.2022.37.4.649.
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The period following the end of World War II is marked by increased international cooperation aimed, among other things, at promoting economic integration. As part of these efforts, national governments adopted policies to remove/reduce barriers to the exchange of goods and services as well as the movement of capital and labor. Although the impact of international trade and investment treaties on trade has been extensively documented, little to no attention has been paid to the potential impact of bilateral labor agreements (BLAs) on commerce flows. This study uses a novel dataset of BLAs within a gravity framework and finds that, over 5 years following signature, BLAs have a positive and significant effect on aggregate exports and exports of differentiated goods (i.e., chemicals and miscellaneous manufactured goods).
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Blank, Nathan R. "Making Migration Policy: Reflections on the Philippines' Bilateral Labor Agreements." Asian Politics & Policy 3, no. 2 (April 2011): 185–205. http://dx.doi.org/10.1111/j.1943-0787.2011.01255.x.
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Panizzon, Marion. "Adjudicating labor mobility under France’s agreements on the joint management of migration flows: How courts politicize bilateral migration diplomacy." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 326–73. http://dx.doi.org/10.1515/til-2022-0021.
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Abstract France’s agreements on the joint management of migration flows (AJMs) figure centrally within studies of bilateral migration agreements. With their origins in friendship and navigation treaties of the late 19th century, the AJMs are successors to the postcolonial, circular mobility conventions of the 1960s, and are uniquely positioned for periodizing the evolution of bilaterally negotiated labor mobilities. Nonetheless, due to the European Union’s reluctance to embrace mass regularization and the EU Member States’ legislative powers over labor markets, they have time and again scotched France’s ambition to leverage preferential labor market entries in exchange for more cooperation over irregular migration. Through documents and statistical data analysis, this Article studies the case of Senegal’s negotiation of additional pathways to France for its lower-skilled workers. At the center is France’s administrative court of appeals, which has confirmed the broad margin of discretion over Art. 42 in the AJM between France and Senegal. This jurisprudence has decoupled the automatic linkage between a job listed under duress in France under the Annex to the AJM and the entitlement to exceptional admission. We argue that France’s courts have removed a privilege of Senegalese workers, which has re-politicized France’s migration diplomacy with Senegal. At the same time, retention of the prefectorial discretionary power has levelled the playing field among West and North African countries that have concluded similar bilateral agreements with France. This Article adds to the research on bilateral migration agreements by proposing a multilevel legal analysis, which studies AJMs in the context of France’s common law, EU labor and return directives, and the multilateral of WTO/GATS liberalization.
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Megiddo, Tamar. "Obscurity and nonbindingness in the regulation of labor migration." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 95–112. http://dx.doi.org/10.1515/til-2022-0012.
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Abstract Labor migration is often regulated internationally through bilateral treaties signed between states, determining the conditions under which migrants from one state (or both) may travel to the other state and reside there in order to work. These instruments are sometimes designated as memoranda of understanding and regarded as nonbinding agreements. Many remain unpublished and undisclosed. This Article assesses these design choices critically. It considers the interaction between bilateralism, obscurity and nonbindingness. It evaluates and rejects possible justifications for obscurity and nonbindingness. Finally, it argues that these design choices should be resisted. Since bilateral labor agreements do not regulate strictly the bilateral relationship between two states, but rather create rights and obligations for various third-party individuals, they should be required to meet a rule of law requirement of transparency.
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Hennebry, Jenna L., Nicola Piper, Hari KC, and Kira Williams. "Bilateral labor agreements as migration governance tools: An analysis from a gender lens." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 184–204. http://dx.doi.org/10.1515/til-2022-0015.
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Abstract This Article discusses BLAs as tools of global labor migration governance, with a specific focus on gender. Drawing on our global database of 582 bilateral labor migration agreements (BLAs), we investigate the extent to which these governing instruments connect and align with relevant international normative frameworks, in particular the extent to which they represent gains, gaps or gaffs in terms of gender equality and the human and labor rights protection of women migrants. In the context of the Global Compact for Safe, Orderly and Regular Migration (GCM), which stresses a gender-responsive approach to migration governance as one of its guiding principles, we ask: Do the BLAs which are increasingly being used as instruments to govern labor migration contribute toward sustainable gender equality, decent work and reduced inequalities for women and gender-diverse migrants?
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Ali, Hina, Munnaza Sattar, Sehrish Iqbal, and Nazia Nasir. "Dynamics of Bilateral Trade and Labor Role in Case of Pakistan: A Gravity Estimation Model." iRASD Journal of Economics 3, no. 2 (September 30, 2021): 157–65. http://dx.doi.org/10.52131/joe.2021.0302.0033.
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The goal of this study paper is to look out for “Bilateral trade and labor migration in Pakistan a gravity estimation model. Trade among two states is known as bilateral trade. This paper analyzes the trade among Pakistan and 11 partners’ countries. Pakistan and 11 partners countries export and import goods for trade. Pakistan and partner countries sign different agreements for trade and the free trade agreement is one of the best agreements. For this research paper, we take the data from 2004-2019 in form of panel annual data for different countries taken from different sources these variables are used for this study Trade, gross domestics product distance, capital endowment , population scale , land endowment and relative importance of trade . Trade is a dependent variable GDP_dis, Cap_end, Pop_scal, Land_end, and RIMT are independent variables. Panel ARDL technique used for the estimation of results.
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Pohorielova, O. "INTERNATIONAL LEGAL REGULATION OF MIGRANT WORKERS LABOR." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 108 (2019): 26–31. http://dx.doi.org/10.17721/1728-2195/2019/1.108-4.
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Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad. The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant. In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.
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BROWN, ANDREW G., and ROBERT M. STERN. "What are the issues in using trade agreements to improve international labor standards?" World Trade Review 7, no. 2 (April 2008): 331–57. http://dx.doi.org/10.1017/s1474745608003807.
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AbstractThis paper addresses the issues of whether the linking of core labor standards with multilateral or bilateral trade agreements is an effective way of promoting the improvement of labor standards. We review the determinants of core labor standards over time and conclude that efforts to improve these standards have to be tailored to the economic and social circumstances prevailing in a country at a specific time. Legalistic means to prod governments into revising their domestic laws or enforcing them will therefore be unsuccessful unless economic incentives can be changed to erode prevailing social norms and ease the way for the acceptance of new norms that will meet with public approval and be consonant with the distribution of political power. Moral suasion from both domestic and external sources may work more slowly than more legalistic means but is preferred because it contributes to altering the social norms that underlie and will reinforce the acceptance and effectiveness of labor standards.
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Kurlander, Yahel, and Avinoam Cohen. "Blas as sites for the meso-level dynamics of institutionalization: A cross-sectoral comparison." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 246–65. http://dx.doi.org/10.1515/til-2022-0018.
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Abstract In this Article we seek to shift the focus from the texts of bilateral labor agreements (BLAs) to the context of their emergence and materialization. We argue that to study BLAs and evaluate their consequences and potential relevance, they must be read from the perspective of processes of institutionalization that shape the paths of different agreements. In Israel, a cross-sectoral comparison of the agricultural and construction sectors reveals that different agreements did not follow the same path and institutionalization process. The Israel-Thailand agreements for the agricultural sector and the agreements regulating migration to the construction sector did not generate similar dynamics of institutionalization. In both sectors, BLAs transformed recruitment practices and led to a sharp decrease of illicit migration costs extracted in the process. Yet due to differences in the structure of the sectors and the expected skill level of workers, significant variations remain, most notably in the effect of BLAs on the permit and quota system and in the rise of paths to import labor outside BLAs. Based on this cross-sectoral comparison, we offer in this Article a grounded analytical perspective for examining and evaluating BLAs in context. In discussing our suggestions, we will project our analysis to the more recent agreement covering the live-in care sector that is currently the largest employing sector of guest-workers in Israel.
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Tamara, KORTUKOVA. "PROTECTION OF THE RIGHTS OF UKRAINIAN LABOR MIGRANTS IN EUROPE." Foreign trade: economics, finance, law 117, no. 4 (September 10, 2021): 48–57. http://dx.doi.org/10.31617/zt.knute.2021(117)05.
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Background. Citizens of Ukraine are one of the largest groups of seasonal workers in the European Union. At the same time, Ukrainian migrant workers often suffer violations of their rights abroad. In this aspect, Ukraine has an urgent task to protect the rights of Ukrainian seasonal migrant workers abroad. For European Union, despite the economic crisis that has led to higher unemployment, there is an urgent need for seasonal workers in the EU Member States, due to the fact that seasonal work is generally not attractive for the EU labor market. The aim of the article is to determine the features of protection of the rights of Ukrainian seasonal migrant workers in the European Union. Materials and methods. The research is carried out on the basis of general and special research methods, in particular, such as: discourse and content analysis, system analysis method, induction and deduction method, historical-legal method, formal-legal method, comparative-legal method, and others. Results. Seasonal work is one of the types of temporary employment, which is limited to a certain period of time. In the European Union, seasonal work is not attractive to citizens of the European Union. In this regard, it should be noted that the Member States of the European Union have a long practice of attracting seasonal migrant workers to their labor market, which was especially intensified in the post-war period, characterized by labor shortages on the European continent, which led to this policy development. Today, with the onset of the global pandemic COVID-19 and the starting of lockdown, the European Union still needs seasonal migrant workers, especially in the agricultural sector, to perform seasonal work. In this area, the EU has developed supranational legislation, which was analyzed in the article. Conclusion. Given that Ukrainians are one of the largest groups of seasonal workers in the European Union, it is important for Ukraine to protect its citizens abroad, which, in particular, can be strengthened by signing bilateral agreements with EU Member States on employment and social protection of Ukrainian citizens; agreements on mutual employment of employees; agreementson employment and cooperation in the field of labor migration, etc. Keywords: labor migration; seasonal migration; the right to equal treatment; Seasonal Workers Directive; bilateral agreements on labor migration.
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Brown, Garrett. "Why Nafta Failed and What's Needed to Protect Workers' Health and Safety in International Trade Treaties." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 15, no. 2 (August 2005): 153–80. http://dx.doi.org/10.2190/bkvt-2r4d-xhwf-4gdd.
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Labor standards, including occupational health and safety regulations and enforcement, are being subjected to intense downward pressures as a result of fundamental shifts in the global economy. The 1994 North American Free Trade Agreement (NAFTA) was the first trade treaty that attempted to promote and protect workplace health and safety through a “labor side agreement.” NAFTA failed to protect workers' health and safety due to the weaknesses of the side agreement's text; the political and diplomatic considerations limiting its implementation; and the failure to recognize and address the economic context, and political consequences of this context, in which the agreement was implemented. Subsequent trade treaties, both bilateral and regional, have not overcome the weaknesses of NAFTA. The treaty components needed to protect workers' health in future trade agreements are: 1) a minimum floor of occupational health and safety regulations; 2) an “upward harmonization” of regulatory standards and actual practice; 3) inclusion of employers so that they have formal responsibility and liability for violations of the standards; 4) effective enforcement of national regulations and international standards; 5) transparency and public participation; and 6) recognition of disparate economic conditions among trading partners and provision of financial and technical assistance to overcome economic disincentives and lack of resources. Also required are continued actions by non-governmental actors, including the workers themselves and civil society organizations.
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Livnat, Yuval, and Hila Shamir. "Gaining control? bilateral labor agreements and the shared interest of sending and receiving countries to control migrant workers and the illicit migration industry." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 65–94. http://dx.doi.org/10.1515/til-2022-0011.
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Abstract Countries increasingly have been entering bilateral labor agreements (BLAs) as a tool for the regulation and governance of short-term temporary labor migration worldwide. However, these are often confidential legal instruments, and consequently we know relatively little about their actual content and impact, and why countries choose to enter them. This Article complements existing explanations in the literature regarding the reasons why countries enter BLAs and their potential to create and improve migrant workers’ rights. Based on a detailed content analysis of 81 recent BLAs signed largely over the last 20 years, and on a wide literature review and interest analysis, we introduce a “control thesis.” According to the control thesis, the popularity, confidentiality and unenforceability of BLAs can be explained, at least partially, by their ability to promote a key shared interest of sending and receiving countries in controlling and policing the mobility and actions of migrant workers and also, at times, aspects of the illicit migration industry that develops around labor migration. We reach this conclusion, and elaborate on its meaning and the potential it may hold for migrant workers and their advocates, in strategically seeking to use BLAs to improve temporary migrant workers’ rights and protections.
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Yusof, Zainal Aznam. "Malaysia's Response to the China Challenge." Asian Economic Papers 2, no. 2 (March 2003): 46–73. http://dx.doi.org/10.1162/153535103772624790.
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Malaysia is a rapidly growing and resource-rich country that has been industrializing since the late 1960s. Its industrialization has relied on the growth of labor-intensive industries, particularly the electronics and electrical-products industries, which have contributed significantly to the growth of the manufacturing sector. The growth and opening up of China has raised concerns about Malaysia's loss of competitiveness to China and the diversion of foreign direct investment to China. This paper examines the relative competitive position of Malaysia and China and explores Malaysia's responses and policy options, both international and national, to the challenges posed by China. The following policy recommendations for Malaysia are explored: working intensively with its partners in ASEAN to develop a common stand with regard to trade arrangements, forming bilateral free trade agreements with selected countries, restructuring Malaysia's manufacturing industries so they are far less dependent on labor-intensive industries, and improving the education and technological skills of Malaysia's labor force.
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Milewicz, Karolina, James Hollway, Claire Peacock, and Duncan Snidal. "Beyond Trade." Journal of Conflict Resolution 62, no. 4 (September 23, 2016): 743–73. http://dx.doi.org/10.1177/0022002716662687.
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Increased complexity and density of transnational problems create unprecedented challenges and opportunities for contemporary international governance. “Issue linkage” is one institutional arrangement through which states address these changing circumstances. In this article, we examine the widening scope of the nontrade agenda in preferential trade agreements (PTAs). Nontrade issues (NTIs) such as human rights, democracy, environment, corruption, and labor standards are increasingly linked to PTAs. This issue linkage has important implications for understanding changing patterns of international trade, including the shift to PTAs and the rise of NTIs. We show that (1) states’ choices to commit to bilateral or plurilateral versions of traditional PTAs and to PTAs with NTIs are highly interdependent, (2) states increasingly incorporate NTIs into PTAs, as the associated costs of policy change are lowered through earlier agreements, and (3) network pressures favor the increasing adoption of bilateral and especially plurilateral NTIs over time. Using an original data set on NTIs covering 522 PTAs and spanning the period 1951 to 2009, we evaluate states’ motives behind the widening nontrade agenda of trade agreements using longitudinal network modeling. We employ multiplex coevolution stochastic actor-oriented network models in a novel design to account for interdependencies within and across states’ decisions. Following a descriptive mapping of major NTIs, we evaluate our theoretical arguments. Testing against the alternative explanations of power and commitment, we find that endogenous cost considerations are the most significant factor explaining the inclusion of NTIs into PTAs.
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Bhagat, Ayushman. "Entrapment processes in the emigration regime: The presence of migration bans and the absence of bilateral labor agreements in domestic work in Nepal." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 222–45. http://dx.doi.org/10.1515/til-2022-0017.
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Abstract This Article offers an integrated analysis of the combined effect of the presence of migration bans and the absence of BLAs in domestic work in the emigration regime of Nepal. It identifies, acknowledges, critiques, and contributes to the critical literature highlighting entrapment processes in labor relations and immigration regimes by demonstrating the presence of such in the emigration regime. Drawing on the empirical findings of a participatory action research (PAR) project conducted in Nepal, the Article demonstrates how restrictive emigration policies and practices entail entrapment processes constitutive of the existing historical, cultural, gendered, racialized, and classed constraints impacting the lives of Nepalese citizens. The Article contributes to the critical literature that seeks to advance migrants’ rights, arguing that experiencing, encountering and escaping entrapment processes in the emigration regime impacts their agency when navigating immigration regimes and labor relations. This contribution advances the existing efforts to establish oft-ignored emigration regimes as important epistemological sites of research, theorization, and intervention.
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Ryazantsev, Sergey, and Abubakr Rakhmonov. "LABOR FORCE RECRUITMENT TO THE OECD AND MIDDLE EASTERN COUNTRIES IN THE REPUBLIC OF TAJIKISTAN: TRENDS, MECHANISMS, CONSEQUENCES." Central Asia and The Caucasus 21, no. 4 (December 17, 2020): 096–111. http://dx.doi.org/10.37178/ca-c.20.4.10.
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The article examines the trends in labor migration from Tajikistan. Although Russia and Kazakhstan remain the main labor migration destinations for Tajiks, emigration from Tajikistan to OECD countries is becoming increasingly more noticeable. New Tajik communities are actively forming in the OECD countries, potentially becoming networks of attraction for new migrants in the near future. The forms of labor migrant recruitment in Tajikistan, including digital technologies, are examined. Despite Tajikistan’s attempts to regulate labor migration more actively on the basis of bilateral agreements with OECD countries, Russia still remains attractive for Tajik labor migrants. So far, Russia’s competitive advantages are the absence of a language barrier, the absence of the need to obtain a visa and work permit, a common mentality, and the prospects for obtaining citizenship. However, the rigidity of migration policy and the drop in wages in Russia are potential negative factors that will contribute to the reversal of some of the labor migrant flows from Tajikistan in favor of the OECD countries. Also, the active participation of intermediaries in migrant employment, as well as the OECD countries’ active policy that aims to attract labor migrants will lead to Russia’s loss of a significant part of Tajikistan’s migration potential. The possibility of reorientation of a part of labor emigrants to OECD countries is becoming feasible due to the widespread study of the English language in Tajikistan and the cutbacks in teaching the Russian language, the active development of private and state labor force recruiting systems.
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Musikawong, Sudarat. "Understanding the gaps between the bilateral regularization of migration and workers’ rights: The case of agricultural migrant workers in Thailand." Theoretical Inquiries in Law 23, no. 2 (July 1, 2022): 289–325. http://dx.doi.org/10.1515/til-2022-0020.
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Abstract ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits continue to fall between the gaps of national labor protection laws, due to both legal structural exclusions as well as the particular vulnerabilities of being noncitizen workers in remote, unsafe workplaces. This Article documents some of the developments during 20172019 in migrant employment in export cash crops. The next challenge for the future is developing mechanisms for bilateralism to lower migration costs, with a commitment to genuinely safe migration, as well as the establishment of long-term equitable working conditions for all migrant workers. The major findings demonstrate how the two main reasons for the discrepancies between the BLA and labor protections have to do with the noninterventionist approach of ASEAN and a series of technical exclusions in Thailand’s labor law and regulation.
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Ansori, Faruq, Zhang Guo Ping, and Melda Ria Juwita. "Chinese Silk Road and Indonesian Maritime Axis Harmony in The Sovereign Law Perspective." Research, Society and Development 8, no. 9 (June 26, 2019): e31891296. http://dx.doi.org/10.33448/rsd-v8i9.1296.
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This study aimed to know the implication of legal sovereignty in bilateral agreements as the intersection consequences of the political economy interests of the Chinese Silk Road and Maritime Axis of Indonesia. Also aimed to explain other further issues in bilateral relations between Indonesia and China, such as; effort in enorcing legal equality, provisions regulate effort to avoid abuse of power, rules on environmental issues, human rights regulation, also regulations in international matters. This study used descriptive qualitative as the methodology. The results showed that the choice of Chinese companies in the Jakarta-Bandung fast train project was purely an economic consideration, the government seems passive in responding to the surge in the number of foreign workers, especially China, which is not accompanied by the local labor absorption, several ethnic Chinese companies are still indicated to pollute the environment, the Government is still cautious in addressing human rights issues in Uyghur, the government is firm about violating illegal fishing of foreign and independent vessels in the dispute over the South China Sea.
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Eumsin, Payan. "Economic Gap and Labor Problems Policy in a Third World Country During the Coronavirus Pandemic: Inequality of Education within the Thai Social Class Structure." Asian Journal of Arts and Culture 22, no. 1 (June 22, 2022): 255605. http://dx.doi.org/10.48048/ajac.2022.255605.
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This research article has IRB (HE-DRI-NRRU024/2565; 0623.9/038) and it will try to explain the effect Of COVID 2019 by qualitative research to online-student, and the poor labor (who loss job by freezing business/economic activity). Economic gap and labor problems policy in a third world country during the coronavirus pandemic: Re-structuring and re-connect to inequality of education of class structure. The disharmony of Vaccine became a topic of international politics due to the fact that international organizations on public health and medicine were unable to curb the pandemic. Small children lacked of supportive resources to study online due to the lack of basic structure in information technology and internet. The economic-social gap from classes in the Thai society were negatively affected from the “economic development policy”. It becomes inequality (true) VS modern (fake), or “the riches are clustered but the poors are scattered (lack of technology learning)”. Coronavirus diplomatic vaccines were negatively regarded as a war of vaccine. It reflected fake cooperation among international communities. Vaccine assistance from bilateral agreements or between states worked out but failed on multilateral agreements (the delay, the near expiration date of vaccine). The war of vaccine resulted in 2 terms: torn or injected. From the abovementioned description, the research drew the conclusion as follows Thai Bureaucratic ’s policy: (1) Scarcity: Problems of the gap in economic development worsened the political contention in Thailand during the city lockdown, (2) Expectation (economic halt) and unemployment are problems of policy-inequality: “the management of vaccine affected online learning”, and impacted the shrink of a new graduate number to enter the labor markets, (3) Fear of the virus (war): Problems (asymmetry-inequality) of powers of international politics and the failure of public health international organizations should to seek the ways to handle the virus in the future rather than multinational corporations.
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Or, Iair G. "Regime changes and the impact of informal labor." Linguistic Landscape. An international journal 7, no. 2 (February 19, 2021): 151–74. http://dx.doi.org/10.1075/ll.20010.or.
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Abstract In Israel, approximately 25,000 Thai laborers are contracted for agricultural work in all parts of the country, following a series of bilateral agreements between the governments of Israel and Thailand. Various NGOs and agencies have documented numerous violations of labor laws in many Israeli farms, including the lack of safety measures, poor working and living conditions, and extremely low salaries. Israeli discourse on the topic vacillates between the interests of farmers, workers, consumers, and the government (Or & Shohamy, 2020), and the occasional appearance of reports about the abuse of workers reignites the debate and tensions surrounding these issues. This longitudinal qualitative study, spanning from 2013 to 2019, focuses on the linguistic landscape (LL) of the Central Arava region – an arid, sparsely populated subdistrict in Southern Israel. What makes this region unique is that the number of Thai migrant workers there equals or slightly exceeds that of Hebrew-speaking Jews. Using an LL approach (Jaworski & Thurlow, 2010; Shohamy & Gorter, 2009; Shohamy, 2012), the 2013 study sought to explore the visibility and vitality of the Thai language as well as its interactions with other languages. The roles that Thai, Hebrew, English, Arabic, and other languages played in the public space clearly revealed the power relations between the speakers of these languages. The 2018–19 follow-up to the original 2013 findings seeks to track the impact on the public space of recent developments such as population changes, the advent of speakers of other languages to the region, the economic crisis, and the public controversy about the exploitation of workers. The study shows that the number of Thai signs has been significantly reduced in recent years, not only pointing to changes in the multilingual reality of the region, but also raising a series of questions about labor conditions, regulation, informal labor markets, and cases of potential mismatch between reality and perceptions.
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Ovechkina, Olha. "Features of transformation of legal entities in the conditions of Brexit." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 531–38. http://dx.doi.org/10.33663/0869-2491-2021-32-531-538.
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In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.
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Potemkina, Olga. "Skilled Workers as a Priority of the EU’s Migration Policy." Scientific and Analytical Herald of IE RAS 21, no. 3 (June 30, 2021): 137–44. http://dx.doi.org/10.15211/vestnikieran32021137144.
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In the article, the author refers to the EU Commission’s proposals on promoting legal migration channels to Europe as one of the objectives of the Migration and Asylum Pact. It is emphasized that the Coronavirus pandemic has revealed a shortage of qualified specialists in key areas of the EU economy, both at present and in the future. Two approaches of the Commission are analyzed – the revision of the legal framework for labor migration and the development of new tools for cooperation with the countries of migrants’ origin – «Talent Partnerships» and «Talent Pool». Particular attention is paid to the interinstitutional negotiations on the Blue Card Directive and the resulting compromise. The author recalls that the «Talent Partnerships» initiative was previously implemented in the EU in the form of «pilot projects», but had only a pinpoint impact on the emigration from the partner countries. The reasons for the expected failure of the «Talent Partnerships» are given – reluctance of the most Member States to conclude bilateral agreements with the countries of migrants’ origin and lack of the partner countries’ enthusiasm to support the «brain
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Adygezalov, Azer. "Overview of Uzbek and Azerbaijani Scientific-Research Collaboration During the Years of Independent Development." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 2 (June 2020): 233–40. http://dx.doi.org/10.15688/jvolsu4.2020.2.17.
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Introduction. The author provides data about coming into being of Uzbek and Azerbaijani scientific collaboration during the years of independent development of the two countries. The article deals with solid contractual basis in the scientific sphere, including the agreements between the Ministries of Public Education, Academies of Sciences, higher education institutions of the two countries, and with the collaboration in the field of the attestation of highly-qualified scientific and scientific-pedagogical personnel. Methods and materials. The given article also contains information about the direct co-operation of the two states in the sphere of natural, exact sciences and humanities, furthering close and fruitful interrelation of the two countries’ scientific circles, covering all the given sphere’s branches of partnership relations. Analysis. The article analyzes the process of multifaceted scientific cooperation between Uzbekistan and Azerbaijan, which occurs through the establishment of close contacts between scientists and research centers of the two countries, the implementation of joint research on pressing issues, mutual internships and scientific business trips, as well as the participation in international scientific conferences and symposiums. Close mutual contacts are also carried out in the form of the exchange of scientific personnel and work. Results. The multifaceted Uzbek-Azerbaijani scientific cooperation considered in the article is represented by the following factors: bilateral agreements and arrangements in the scientific field; direct development in the field of natural, exact sciences and humanities; implementation of mutual internships and scientific missions; exchange of scientific personnel and labor.
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Losheniuk, Oksana. "The concept of regulation of international labour migration in Ukraine." Herald of Ternopil National Economic University, no. 3(85) (August 8, 2017): 64–74. http://dx.doi.org/10.35774/visnyk2017.03.064.
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The article deals with challenges and opportunities for international labour migration in Ukraine. It is stressed that the approach to regulation of international labour migration should be comprehensive and should encompass a whole range of factors influencing migration flows, which will ensure making appropriate economic and social changes. The present concept of regulation of international labour migration in Ukraine is analyzed and the need for its improvement is discussed. The priority goals of the Concept of State Migration Policy in Ukraine are highlighted. It is stated that state migration policy is carried out in both emigration and immigration. Some of the key factors of immigration and emigration are identified. It is proved that migration policy in Ukraine is being shaped towards the European Union, which envisages a mutually beneficial redistribution of human resources over the countries. The paper claims, that achieving the quality of life as high as in the EU countries is a key demand for the integration into the European Union. It is emphasized that the existing legislation on migration has some weak points related to developing and fulfilling human potential of migrants. A range of measures to regulate international labour migration is introduced. Based on the research findings, the following actions are proposed to meet the aims of regulation of international labour migration in Ukraine: reduction of emigration from Ukraine by improving its socio-economic status; training and retraining of potential emigrants tailored to the specific characteristics of labor market growth in the country; stimulation of internal mobility aimed at the reduction of emigration; regulation of external employment of Ukrainian citizens; creation of conditions for attracting and efficient using of migrants’ money transfers; using transnational connections of migrants; halting the employment of national human resources; stimulation of immigration attractiveness for certain professional; halting illegal and undesirable migration; regulation of immigrants in Ukraine; legalization of illegal present immigrants; signing bilateral agreements between countries on return migration; stimulating re-emigration; protection of the rights and interests of labour migrants in Ukraine and abroad.
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San Jose, Benjamin A. "Achieving human security for migrants: the limits of state policies and migration-development initiatives." Bandung: Journal of the Global South 2, no. 1 (September 8, 2015): 1–13. http://dx.doi.org/10.1186/s40728-015-0019-5.
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The Philippines is one of the top migrant sending countries and is often lauded as a model migrant country due to its skilled migrant labor force, high remittance rates and forward-thinking government policies. However, it is often criticized for its policies of exploitative labor migrant export, its dependency to migrant remittances, and its failure to offer migrant protection. In recent years, scholars and policy makers have suggested using human security as an approach to address the challenges of migration. By bringing the focus away from the state to becoming people-centered, human security aims to address the problems of statelessness, the lack of migrant protection, human rights, and offers long-term solutions to migration. Since the Philippines is highly dependent on migrant labor and is in the forefront of promoting migrant conditions in the international arena, some relevant questions can be raised: what are the role and benefits of using a human security approach for migrants? How does the Philippines attempt to secure human security for its migrants? Has the Philippines achieved human security for its migrants? This paper argues that as the Philippines grew more dependent on labor migration, human security for migrants is attempted by the state through an institutionalized set of policies and assumptions. The promise of migrant welfare and human security is premised on the following points: creating better policies and institutionalizing migrant state agencies, creating national laws together with bilateral and multilateral agreements on migration and in recent years, and the promotion of migration and development initiatives. While these attempts may hold promise, they suffer from limitations on implementation and sustainability. In the final analysis, human security can only be achieved by working towards a national dialogue on migration where stakeholders from the state, civil society organizations, and migrant groups participate in the national debate on the future of migration. Only by reaching a national dialogue on responsive and long-term policies that are grounded in human security can the country go beyond the view that migration and development policies are a catch-all panacea to the problems of migrant protection and long-term economic development in the homeland.
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Sakharuk, Iryna, Svitlana Batychenko, Olena Derii, Anton Kryzhevskyi, Alina Magomedova, and Oleksandra Pohorielova. "Main trends in development of migration policy in Ukraine." Revista Amazonia Investiga 9, no. 26 (February 21, 2020): 372–82. http://dx.doi.org/10.34069/ai/2020.26.02.43.
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This Article is devoted to the interdisciplinary research of Migration Policy and determination of Main Trends of its realization in Ukraine at the current stage. The Basic Steps of Migration Policy-making have been defined. We have also identified that the efficiency of migration policy is determined by degree of consideration of the factors of political, economic, social and demographic origin, as well as by the trends of international labor migration. On the basis of the study results, the main trends of implementation of Migration Policy in Ukraine have been identified: lack of system of collecting and analyzing the statistical information; low level of protection of rights and economic well-being of the employees; absence of any bilateral agreements with those countries where a large number of Ukrainian migrants have been located; significant volume of educational migration; impact of the military and political situation upon the situation with migration. Nowadays, migration processes are one of the key factors in formation of well-being and level of social and economic development of the countries. The global trend of decreasing population, in particular, due to the demographic crisis, push many countries to implement the related migration policy, in order to compensate the loss of labor resources by means of its substitution with the migrant workers. While analyzing the main trends of labor migration in Ukraine, we should underline that nowadays the labor outflow is extremely problematic within the country. The learning of Migration Policy has been realized from the point of view of the principles of historicist tradition, objectivity, complementarity and reasonability, those aspects related to the methodological basis for comprehensive analysis of the subject under study. Researching of Migration Policy in Ukraine was performed with analysis of historical, demographic, economic, social and legal aspects of development. Nowadays, educational migration has a strong influence on migration policy in the country, that’s why it’s needed to be studied deeply. The holistic approach to the problem exploration led to the conclusion that due to the increasing volume of international labor migration, which is closely inter-related with the processes of European integration, there is an increasing need to stipulate and implement the effective migration policy, in particular, in order to reduce the emigration losses for Ukraine and provide conditions for coming of the migrants back to their country.
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Maksum, Ali, Ching-lung Tsay, and Ali Muhammad. "Indonesian Migrant Workers in Taiwan: The State Dilemma and People’s Realities." Jurnal Ilmu Sosial dan Ilmu Politik 24, no. 1 (January 12, 2021): 80. http://dx.doi.org/10.22146/jsp.51303.
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The role of migrant workers is frequently marginalized amid industrial development, labor shortages, and the domination of state to state arrangements. In fact, the position of migrant workers should be considered as a primary factor in bilateral relations and trade agreements, notably between Indonesia and Taiwan. The reason is that the influx of migrant workers has undoubtedly given many benefits to both Indonesia and Taiwan governments. The Indonesian government considered that in the midst of insufficient job opportunities, migrant workers working in Taiwan indirectly lowered the unemployment rate. In addition, Indonesia acknowledged the high contribution of migrant workers by remittances to national income. At the same time, Taiwan recognized the importance of Indonesian migrant workers in the national economy, as well as strengthening Taiwan’s second-track diplomacy with Indonesia vis-à-vis China. This article argues the dynamics of Indonesian migrant workers in Taiwan, influenced by two factors: (1) the state dilemma and (2) people’s realities, affecting the international relations between Indonesia and Taiwan. Therefore, this paper aims to explore possible answers by discussing the state dilemma and peoples’ realities from the perspective of Indonesian workers in Taiwan. This study represents qualitative research supplemented by data obtained from interviews with Indonesian workers in Taiwan. The authors are also intensively contacted and involved through activities with Indonesian workers and communities.
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Sakharuk, I., S. Batychenko, O. Derii, A. Kryzhevskyi, A. Magomedova, and O. Pohorielova. "BASIC DIRECTIONS OF REALIZATION THE STATE POLICY OF UKRAINE FOR LABOR MIGRATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 26–34. http://dx.doi.org/10.17721/1728-2195/2019/1.109-6.
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This article is devoted to the interdisciplinary research of Migration Policy and determination of Main Trends of its realization in Ukraine at the current stage. The authors aim to analyse and characterize migration as the subject of interdisciplinary research, because the Governmental Migration Policy should be formed on the basis of international legal standards, taking into account the demographic and economic indicators, conditions of labor market, etc. The Basic Steps of Migration Policy-making have been defined. The study finds that during the era of strengthening of integration relations between the countries and dynamic globalization processes, the external migration becomes an inevitable phenomenon to provide the exchange of experience, increasing level of professional qualifications, as well as strengthening of business relations between the countries through transfer of labor resources. At the same time, in Ukraine the phenomenon of the international labor migration has become so widespread that the status of this issue determined it as a priority problem to be solved in the near future; first of all this situation has been caused by the refusal of people traveling abroad to come back to their native country, being the “catalyst" for a number of another problems, which are related, in particular, to the social and economic and innovative development of the country. Migration is one of the factors of demographic development in Ukraine, it involves the redistribution of the population among the regions, while, on the other hand, this re-distribution influences the demographic disbalance within the regions of the country. The authors have also identified that the efficiency of migration policy is determined by degree of consideration of the factors of political, economic, social and demographic origin, as well as by the trends of international labor migration. Under the circumstance of the demographic crisis, many countries have been interested in Ukrainian labor migrants, thus, in the article have been find, that only the effective governmental policy will allow to suspend the process of the outflow of domestic labor force, along with the simultaneous provision of adequate protection for those citizens who would like to get employed abroad and conditions for their coming back to Ukraine. On the basis of the study results, the main trends of implementation of Migration Policy in Ukraine have been identified: lack of system of collecting and analyzing the statistical information; low level of protection of rights and economic well-being of the employees; absence of any bilateral agreements with those countries where a large number of Ukrainian migrants have been located; significant volume of educational migration; impact of the military and political situation upon the situation with migration. The authors draw attention to the fact that the mentioned trends into consideration, the governmental policy in the field of migration should become comprehensive and devoted to determine the methods of reducing the level of labor migration of the employees, outflow of the trained personnel, as well as promotion of coming back of the migrant workers back to Ukraine.
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Dushi, Mimoza. "Influence of Migration in Women Emancipation - Case Study from Kosovan Albanian Diaspora." International Letters of Social and Humanistic Sciences 58 (September 2015): 91–103. http://dx.doi.org/10.18052/www.scipress.com/ilshs.58.91.
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In many undeveloped Mediterranean countries with few occupational possibilities, international migration from late 1960’s become a matter of government policy, frequently through bilateral agreements for guest workers. Initially part of these agreements were only men, who migrated toward European counties as seasonal workers. This type of migration created attitudes among the Albanian population in Kosovo that international migrations are mainly for men. However, being in such places with high employment opportunities, profits and life standard, many of them decided to continue living in host countries, bringing thus their family members along. This move gave the to the Kosovar Albanian women opportunity to become part of host societies and possibility to Albanian population to understand that migration as a right which belong to both genders’ equally.Initially, migrated women who joined their husbands came mainly from rural and low educated families and were personally and mentally unprepared for a new life in an alien environment. Even though their integration into host societies was challenge for them, we argue that migration has affected their status and family life, as well. By entering into a wage earning production process they become more independent and active in family decision processes, families became egalitarian, relations between family members became more open and their social networks were expanding. Additionally, recent female migrants are more open into integration processes. They are showing interest for involvement into labor market and educational processes, meaning that beside job, they tend to ensure the position at profession, as well.These criteria of emancipation we will prove by using ethnographic research technique, which implies the collection and analysis of detailed in-depth interviews (life stories) of Kosovan Albanian migrants in Germany and Switzerland. By women’s narratives, through which they express themselves, will draw a conclusion about integration strategies and way of living in host societies. While, the husbands and children’s narratives will be used to prove the changes in their family life.
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Marx, Axel, Brecht Lein, and Nicolás Brando. "The Protection of Labour Rights in Trade Agreements: The Case of the EU-Colombia Agreement." Journal of World Trade 50, Issue 4 (August 1, 2016): 587–610. http://dx.doi.org/10.54648/trad2016025.
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In response to the disappointing progress at the multilateral level, trading powers like the European Union (EU) have increasingly used their market access power as leverage to promote non-trade objectives with third countries. Through so-called ‘Trade & Sustainable Development Chapters’, the EU’s new generation of regional and bilateral trade agreements include explicit provisions on labour rights promotion, Corporate Social Responsibility and environmental sustainability. While legal scholars have commented extensively on these provisions, little is known about their practical application. With regard to labour rights in particular, the International Labour Organization has noted the lack of empirical evidence on the effects of integrating labour rights provisions in trade agreements. Based on extensive desk research and a series of interviews in Brussels and Bogotá, the present article aims to bridge this gap by providing insights into how the practical application of labour provisions and monitoring mechanisms plays out in a particular country context. Our findings identify significant shortcomings in both the design and application of the current sustainability chapters, affecting not only their effectiveness but also the credibility of the EU as a normative actor as a whole.
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Arapova, E. "Integration Potential of Free Trade Area of the Asia-Pacific." World Economy and International Relations 60, no. 1 (2016): 68–81. http://dx.doi.org/10.20542/0131-2227-2016-60-1-68-81.
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During the 2014 APEC summit the participating countries agreed to move towards a region-wide economic integration and approved China-backed roadmap to promote the Free Trade Area of the Asia-Pacific (FTAAP). The paper examines prospects for economic integration in the Asia-Pacific in the framework of 21 APEC participating members. It aims to measure the “integration potential” of the FTAAP on the basis of quantitative and qualitative analysis of the actual statistic data, to explore key obstacles hampering economic integration in the region. The research comes from the theory of convergence and concept of proximity. They suppose that the higher is the degree of homogeneity in economic development and regulatory regimes of the integrating countries the higher is their “integration potential”. The objective of the author’s analysis is to measure the “integration potential” of APEC countries in four directions: trade liberalization, free movement of investments, monetary and banking integration, free division of labor. Initial estimates of the FTAAP prospects base on the merchandize trade complementarity indices and coefficients of variation analysis. Besides, the research uses hierarchical cluster analysis that helps to classify countries in different groups according to similarity of their economic typologies. This methodology allows to reveal the favorable algorithm of regional economic integration in the framework of the “hybrid approach” (or “open regionalism” adopted for APEC countries in 1989) which encourages the countries to enter into free trade agreements on a bilateral basis or to make offers to the APEC membership as a whole. Final conclusions are based on the results of authors’ calculations with consideration for contemporary trends of the member countries’ economic development and long-term strategies of economic growth. Acknowledgements. The research was supported by the Russian Fund for Humanities, project no. 15-07-00026 “East Asian regionalism in the context of diversifi cation of economic growth model”.
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Rass, Christoph. "Temporary Labour Migration and State-Run Recruitment of Foreign Workers in Europe, 1919–1975: A New Migration Regime?" International Review of Social History 57, S20 (August 29, 2012): 191–224. http://dx.doi.org/10.1017/s0020859012000466.
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SummaryTemporary labour migration was one of the characteristic phenomena of human mobility in Europe during the twentieth century. The predominant answer in several European countries to the growing economic demand for an external labour supply on the one hand, and political demands to limit the numbers of foreign workers and to protect the native workforce from the competition of “cheap” migrant labour on the other, was a growing direct and active involvement of the nation state in regulatory efforts and recruitment operations abroad. Besides bureaucratic organizations on a national level, bilateral recruitment agreements – starting in their modern form in 1919 – became the most important tool to regulate labour migration between two countries. This article takes a look at the evolving system of bilaterally fixed migration relations in Europe and its implications for sending and receiving countries as well as for the labour migrants involved. It argues that the network of bilateral recruitment agreements provided controlled and selective migration channels in Europe between the 1950s and 1970s. These agreements installed and protected certain minimum standards to migrants and led to a general improvement of the rights and conditions offered to temporary labour migrants in Europe.
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Hárs, Ágnes. "Channelling and filtering migration: Hungary's bilateral labour migration agreements." International Journal of Population Geography 8, no. 2 (March 2002): 165–82. http://dx.doi.org/10.1002/ijpg.250.
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Nyland, Chris, Elizabeth Ann Maharaj, and Anne O'Rourke. "Australia/US/China Preferential Trade Negotiations: Building Alliances and Realizing Workers' Rights to a `Voice at the Table'." Journal of Industrial Relations 49, no. 5 (November 2007): 647–72. http://dx.doi.org/10.1177/0022185607082213.
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When the Australian and Chinese governments announced their intention to negotiate a bilateral trade agreement this news generated apprehension among employee bodies. This was because many workers believe China's competitiveness is underpinned by its government's refusal to allow China's workers to realize basic labour rights and because Australian labour and the wider community has been unable to participate in the debate surrounding the proposed agreement. The latter concern is the focus of this article. We accept organized labour has a right to `sit at the table' when trade policy is being determined and that the union movement needs to forge effective alliances if it is to achieve this goal. To assist this process we draw on submissions generated by the United States—Australia (AUSFTA) and Australia—China (ACFTA) trade agreements to argue that Australian unions and civil society groupings can influence the outcome of bilateral trade negotiations and in so doing offer suggestions regarding the issues likely to be most conducive to alliance building.
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Chanda, Rupa. "Mobility of Less-Skilled Workers under Bilateral Agreements: Lessons for the GATS." Journal of World Trade 43, Issue 3 (June 1, 2009): 479–506. http://dx.doi.org/10.54648/trad2009020.
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Temporary cross-border movement of service providers is a form of trade in labour services. The General Agreement on Trade in Services (GATS) provides a framework for liberalizing such trade flows. There has, however, been little progress in the GATS negotiations on movement of service providers or mode 4, especially with regard to low-skilled movement. This is in contrast to several bilateral arrangements that cover low-skilled labour mobility. This article outlines the desirable characteristics of selected bilateral labour agreements that facilitate the movement of low-skilled workers. It argues that the GATS mode 4 negotiations could draw upon these desirable features to improve market access commitments for less-skilled service providers while also addressing host country sensitivities. It outlines possible ways of incorporating these features into the GATS framework of commitments and limitations.
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Lilly, Meredith B. "Advancing labour mobility in trade agreements." Journal of International Trade Law and Policy 18, no. 2 (June 17, 2019): 58–73. http://dx.doi.org/10.1108/jitlp-06-2018-0025.
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Purpose Labour mobility is increasingly recognized as an important component of a globalized international trading system. This paper aims to examine the role of temporary entry commitments in international trade agreements toward facilitating global labour mobility. Design/methodology/approach This paper traces three decades of temporary entry provisions in international trade agreements signed by the USA and Canada, beginning with their bilateral Canada–US Free Trade Agreement and culminating in the Trans-Pacific Partnership (TPP). Findings The paper finds that while many countries have continued to liberalize their temporary entry commitments in various trade agreements, the USA has reversed course in the previous decade, hampering international progress. Meanwhile, Canada has pursued ever greater labour mobility provisions with most of its trading partners. Practical implications The unique roles played by the USA, Canada and other trading partners in advancing a coherent international labour mobility agenda are considered. To continue to advance labour mobility in trade agreements moving forward, policy alternatives to the “all” or “nothing” approaches pursued by Canada and the USA are suggested. Originality/value To the author’s knowledge, this paper is the first to formally evaluate labour mobility in the TPP and the only paper to outline the evolution of temporary entry in the US vs Canadian trade agreements over three decades.
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Komarovskiy, V. "Migration Regulation Instruments: Contracting and Bilateral Labour Agreements (Russia – Uzbekistan)." Russia and New States of Eurasia, no. 3 (2018): 156–69. http://dx.doi.org/10.20542/2073-4786-2018-3-156-169.
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Hameed, Sameena. "India’s Labour Agreements with the Gulf Cooperation Council Countries: An Assessment." International Studies 58, no. 4 (October 2021): 442–65. http://dx.doi.org/10.1177/00208817211055344.
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Despite the Indian government's proactive initiatives and reforms in the labour laws in the host countries, the welfare of Indian workers in the Gulf Cooperation Council (GCC) countries remains compromised. The Indian workers continue to face exploitation, often left stranded or forced to return home penniless. In line with best global practices, India’s Bilateral Labour Agreements (BLAs) and Memorandum of Understanding (MoUs) with all the GCC countries need to make specific reference to the host countries' labour laws and facilitate bilateral coordination in the governance of the full migration cycle. Special focus is needed in the construction sector, where a vast majority of low-skilled Indian workers are employed. The article examines the effectiveness of India’s BLAs and MoUs with the GCC countries in protecting the low-skilled Indian workers in the region.
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Van den Putte, Lore. "EU Bilateral Trade Agreements and the Surprising Rise of Labour Provisions." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 3 (September 1, 2015): 263–83. http://dx.doi.org/10.54648/ijcl2015015.
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Surprisingly, labour provisions in EU bilateral trade agreements have widened and deepened over the past decade. One would have expected the opposite, given the coming to power of centre-right governments in the early 2000s and a stronger liberalization agenda since 2006. This article addresses this rather remarkable development. First of all it dismisses the argument that protectionist motives underlie the stronger social clauses in EU trade agreements. Instead, drawing on the theory of the life-cycle of norms, it suggests that social trade has become an unobjectionable norm within the EU. The article then offers several explanations for why the social-trade nexus has been barely disputed, and indeed has further expanded through subsequent trade arrangements. These include the stronger influence of the European Parliament, path-dependencies stemming from the EU’s previous template, and the need to gain public support in the face of criticism of free trade agreements. Most importantly, it stresses that the framing of core labour rights as part of a broader ‘sustainable development’ agenda has contributed to their unobjectionable status. While this framing has helped to forge a consensus with regard to the social trade agenda, giving equal status to labour and environmental provisions under the sustainable development umbrella might also have adverse consequences for the concept of labour provisions.
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Melin, Pauline. "Member States’ social security agreements with India." European Journal of Social Security 20, no. 2 (June 2018): 173–87. http://dx.doi.org/10.1177/1388262718771786.
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In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.
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Surdykowska, Barbara. "EUROPEJSKI AUTONOMICZNY DIALOG SPOŁECZNY – SZANSE I ZAGROŻENIA." Zeszyty Prawnicze 9, no. 2 (June 25, 2017): 305. http://dx.doi.org/10.21697/zp.2009.9.2.15.
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European Autonomous Social Dialogue – Chances and ThreatsSummaryThe article is about development of European social dialogue under 138 and 139 of EC Treaty. One can see clearly, that European social partners (ETUC, BusinessEurope, UEAPME, CEEP) want to achieve more independency from European Commission. This aim at development independency manifest oneself in sign of autonomous agreements which shall be implemented by national social partners in accordance with the procedures and practices specific to management and the labour in member states. So far was sung 3 cross sector autonomous agreements –Framework Agreement on Telework, Framework Agreement on the WorkRelated Stress and Framework Agreement on Harassment and Violence at Work. The article is also about first multi sector autonomous agreement on Workers’ Health Protection Through the Good Handling and Use of Crystalline Silica and Products Containing it.In Poland implementation of autonomous agreements can be seen as misgiving. In Poland intensification of social dialogue is low. Number of sectoral employer organizations is unsatisfactory. Implementation of autonomous agreements animates bilateral dialogue among employer organizations and trade unions in Poland. However if one thinks about weakness of social partner in new members states can see that it can bring to different level of protection between workers from old and new members states.
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Jurje, Flavia, and Sandra Lavenex. "Mobility Norms in Free Trade Agreements." European Journal of East Asian Studies 17, no. 1 (June 21, 2018): 83–117. http://dx.doi.org/10.1163/15700615-01701005.
Повний текст джерелаАнотація:
Abstract Notwithstanding their traditional attachment to sovereignty, Southeast and East Asian countries have embraced a dynamic agenda of labour mobility liberalisation through trade agreements. This article assesses the free movement agenda within ASEAN from a multi-level perspective, comparing it to ASEAN countries’ corresponding commitments within the World Trade Organisation’s General Agreement on Trade in Services and Free Trade Agreements (FTAs) concluded as a group or individually with non-ASEAN countries. Contrary to other trade aspects it turns out that intra-regional commitments within ASEAN do not significantly exceed multilateral ones, and score below the level of liberalisation achieved in ASEAN+ and bilateral FTAs. This article interprets this discrepancy as a consequence of strong economic and labour market differences among ASEAN members as well as the lower sensitivity of allegedly technocratic FTAs for considerations of national sovereignty. The article concludes with the limits of this trade policy approach for migration governance and migrants’ rights.
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Borodiyenko, O., N. Nychkalo, Ya Malykhina, O. Kuz, and D. Korotkov. "PUBLIC-PRIVATE PARTNERSHIP IN EDUCATION AS A PREREQUISITE FOR THE GROWTH OF REGIONAL LABOR MARKETS: ANALYSIS OF FOREIGN EXPERIENCE." Financial and credit activity: problems of theory and practice 1, no. 36 (February 17, 2021): 408–20. http://dx.doi.org/10.18371/fcaptp.v1i36.228031.
Повний текст джерелаАнотація:
The aim of the article is to study the best foreign practices and models of public-private partnership in the field of vocational and higher education, identify opportunities for their adaptation to Ukrainian realities and develop recommendations for productive use of foreign experience in this area.
The theoretical significance of the article is that it is analyzed the semantic content of the basic concepts related to public-private partnership in the foreign scientific space; it is identified the prerequisites for the development of public-private partnership in vocational education abroad (at the national, institutional (vocational education institution), production (enterprise) levels; it is analyzed the challenges to vocational education and training in foreign countries which the public-private partnership is aimed to solve; criteria for typification of partnerships (number of participants, areas of partnership, integrated criterion «project financing — provision of educational services», integrated criterion «breadth of partnership and depth of interaction between partners», integrated criterion «degree of coordination of interaction — volume of investment») are identified; the author’s typology of partnerships in the field of education in foreign countries is substantiated.The practical significance of the article is that the authors developed recommendations for deepening public-private partnership in vocational and higher education institutions of Ukraine based on the study of foreign experience, suggested directions for its further development in Ukraine.
It is determined that in the foreign conceptual and terminological field, in addition to the concept of «public-private partnership» uses a number of concepts (Private Finance Initiative, PFI) (UK), Service Provision Project (SPP) (Mexico), Alternative Financing and Procurement (Canada), Private Sector Participation (PSP) (World Bank). The common essential features of these concepts are singled out: cooperation of different stakeholders, complexity of the purpose, focus on the result, parity of responsibility, long-term nature of interaction, formality of relations.
Criteria for distinguishing types of partnerships in foreign practice are proposed: number of participants, areas of partnership, integrated criterion «project financing — provision of educational services», integrated criterion «breadth of partnership and depth of interaction between partners», integrated criterion «degree of coordination of interaction — volume of investment». The peculiarities of the types of partnerships in vocational education, which were singled out on the basis of the criteria proposed by the authors, are characterized: bilateral and multilateral; infrastructure, private management of public institutions, outsourcing of educational services, outsourcing of non-educational services, innovation and research partnerships, vouchers and subsidies; private initiatives, sponsorship, mixed projects, government programs; broad partnership, in-depth partnership; liberal, solidarity, paternalistic, consortium types of partnerships.
Based on the analysis of the best practices of public-private partnership, the probable effective directions of public-private partnership in the field of vocational and higher education in Ukraine were singled out: strengthening the participation of companies in the processes of professional training; outlining a clear and concise division of responsibilities in the partnership; development of national standards of vocational education; gradual introduction of elements of dual education; promoting the prestige of vocational education as an attractive alternative to academic education; facilitating the learning trajectory between vocational and higher education; forecasting skills.
It was developed recommendations for the development of public-private partnership in the field of vocational and higher education in Ukraine in the context of: formalization of interaction (conclusion of agreements and memorandums of partnership), management of interaction (establishment of qualitative and quantitative indicators for monitoring the activities of private providers and vocational education institutions; periodic reviews of vocational education institutions to bring them in line with the standards set in the contract), development of partnership effectiveness (clear criteria for quality and effectiveness), technologicalization of interaction (in particular, use of algorithm of of interaction between vocational education institutions and partners for public-private interaction initiatives).
The need to study such models of partnerships in the field of education as the Chambers of Commerce and Industry in Germany, the Sectoral Council for Industrial Training (Canada), centers of excellence in vocational education (Netherlands), industrial centers or clusters (Tuscany in Italy and Baden-Württemberg in Germany), the National Skill Development Corporation (India) was actualized.
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Martins Gistelinck, Myriam, and Bart Kerremans. "Interest Aggregation, Political Parties, Labour Standards and Trade: Differences in the US and EU Approaches to the Inclusion of Labour Standards in International Trade Agreements." European Foreign Affairs Review 14, Issue 5 (December 1, 2009): 683–701. http://dx.doi.org/10.54648/eerr2009048.
Повний текст джерелаАнотація:
The connection between labour standards and international trade has become a key issue in the relations between industrialized economies and developing countries. Both the US and the EU are advocates of the inclusion of ‘labour standards’ in trade agreements with developing countries, in multilateral, bilateral and unilateral contexts alike. As the prospects of establishing multilateral rules governing the relations between trade and labour within the framework of the World Trade Organization (WTO) have diminished, both trade blocs increasingly focus on bilateral forums to pursue their policy goals. In this article, the objectives are twofold. First of all, we aim at describing the main points of difference between the EU’s and the US’s approach toward the inclusion of labour standards in bilateral trade agreements. In a second step, we will formulate a possible explanation for these differences based on a theoretical model that focuses on the aggregative role of political parties in the context of European and US policy-making on trade.
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Melo Araujo, Billy. "LABOUR PROVISIONS IN EU AND US MEGA-REGIONAL TRADE AGREEMENTS: RHETORIC AND REALITY." International and Comparative Law Quarterly 67, no. 1 (January 2018): 233–53. http://dx.doi.org/10.1017/s0020589317000422.
Повний текст джерелаАнотація:
AbstractThe EU and the US have long called for the linking of trade and labour standards in trade agreements at both the multilateral and bilateral level. This article examines their practice of including labour provisions in trade agreements, with a particular focus on recent attempts to include such provisions on so-called ‘mega-regionals’, which were presented by their proponents as providing the benchmark for labour protection in future trade agreements. It discusses the rationale behind the inclusion of such provisions and their practical limitations, and examines the extent to which mega-regionals address these limitations. It is argued that whilst the EU and the US have been keen advocates for trade-labour linkages, there has also been an unwillingness to convert this rhetoric into practice, raising questions about the extent of their commitment to these values.
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Zhao, Xin, Stephen Devadoss, and Jeff Luckstead. "Impacts of U.S., Mexican, and Canadian Trade Agreement on Commodity and Labor Markets." Journal of Agricultural and Applied Economics 52, no. 1 (September 12, 2019): 47–63. http://dx.doi.org/10.1017/aae.2019.31.
Повний текст джерелаАнотація:
AbstractThe North American Free Trade Agreement (NAFTA) renegotiation has resulted in an updated agreement known as the United States–Mexico–Canada Agreement (USMCA). Given the contentious nature of the renegotiation process, we analyze the impacts of the USMCA relative to a “what if” scenario of failed NAFTA renegotiation to examine the economy-wide impacts of USMCA on bilateral trade, production, consumption, prices, and domestic and cross-border labor markets. Our results show that, had NAFTA renegotiation failed, the ensuing economic conditions would have created incentive for more, not fewer, migrant workers to enter the United States. USMCA benefits Mexican and Canadian consumers marginally but harms U.S. consumers slightly.