Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-vpsfw Total loading time: 0 Render date: 2024-07-16T11:07:02.130Z Has data issue: false hasContentIssue false

4 - The WTO/GATS Mode 4, international labor migration regimes and global justice

Published online by Cambridge University Press:  06 December 2010

Tomer Broude
Affiliation:
Law, Hebrew University of Jerusalem
Roland Pierik
Affiliation:
Universiteit van Amsterdam
Wouter Werner
Affiliation:
Vrije Universiteit, Amsterdam
Get access

Summary

Introduction: labour migration and global justice

The WTO's General Agreement on Trade in Services (GATS) “Mode 4” is currently the only internationally-agreed legal instrument with the potential to become a functioning multilateral regime regulating temporary labor migration. It is an international mechanism aimed at liberalizing service-related labor mobility on the basis of qualified negotiated commitments by states to accept non-permanent foreign labor migrants, subject to substantive rules that regulate and constrain states' unilateral temporary labor migration policies.

International trade and migration specialists query whether Mode 4 is effective as a global economic regime, and what may be done to make it work better. In this chapter I ask, rather, if GATS Mode 4 is just: does the model of international labor migration regulation that it represents conform to principles of global justice? This question is closely related to evaluations of the morality of autonomous national migration policies, but is independent of them, going one step beyond and considering an international legal and institutional migration arrangement from a global justice perspective. The exercise clearly holds lessons for the design of any future labor migration regime, but it is also important in the more general WTO context. To the extent that the WTO purportedly represents a global economic “constitution” for globalization, as is sometimes suggested, it must be sensitive to conflicting political and philosophical visions of global justice and the way that they relate to international economic disparity.

Type
Chapter
Information
Cosmopolitanism in Context
Perspectives from International Law and Political Theory
, pp. 75 - 105
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Nielson, Julia, “Labour Mobility in Regional Trade Agreements,” in Moving People to Deliver Services, ed. Mattoo, Aaditya and Antonia Carzaniga (Washington, DC: World Bank and Oxford: Oxford University Press, 2003)Google Scholar
Weiss, Friedl and Woolridge, Frank, Free Movement of Persons within the European Community (The Hague: Kluwer, 2002)Google Scholar
Barry, Christian and Thomas Pogge, Global Institutions and Responsibilities: Achieving Global Justice, (Oxford: Blackwell, 2005)Google Scholar
Dunoff, Jeffrey L., “Constitutional Conceits: The WTO's ‘Constitution’ and the Discipline of International Law,” European Journal of International Law 17, no. 3 (2006), pp. 647–75CrossRefGoogle Scholar
Boswell, Christina, “The Liberal Dilemma in the Ethics of Refugee Policy,” in The Migration Reader: Exploring Polities and Policies ed. Messina, Anthony M. and Lahav, Gallya (London: Lynne Reiner, 2006)Google Scholar
Rawls, John, The Law of Peoples with “the Idea of Public Reason Revisited,” (Cambridge, Mass.: Harvard University Press, 1999)Google Scholar
Phillips, Michael, “Reflections on the Transition from Ideal to non-Ideal Theory,” Noûs 19, no, 4 (1985), pp. 551–70CrossRefGoogle Scholar
Carens, Joseph H., “Realistic and Idealistic Approaches to the Ethics of Migration,” International Migration Review 30, no. 1 (1996), pp. 156–70CrossRefGoogle Scholar
Caney, Simon, Justice Beyond Borders: A Global Political Theory, (Oxford: Oxford University Press, 2005), p. 2CrossRefGoogle Scholar
Lollock, Lisa, “The Foreign-Born Population in the United States: Population Characteristics,” (US Census Bureau, 2001), p. 1Google Scholar
Kapur, Devesh and McHale, John, Give Us Your Best and Brightest: The Global Hunt for Talent and its Impact on the Developing World, (Washington, DC: Center for Global Development, 2005)Google Scholar
Lucas, Robert E.B., International Migration and Economic Development: Lessons from Low-Income Countries, (Cheltenham: Edward Elgar, 2005)Google Scholar
Pritchett, Lant, Let Their People Come: Breaking the Gridlock on Global Labor Mobility, (Washington, DC: Center for Global Development, 2006)Google Scholar
Easterly, William, The White Man's Burden: Why the West's Efforts to Aid the Rest Have Done So Much Ill and So Little Good, (New York: Penguin Press, 2006)Google Scholar
Broude, Tomer, “The Rule(s) of Trade and the Rhetos of Development: Reflections on the Functional and Aspirational Legitimacy of the World Trade Organization,” Columbia Journal of Transnational Law 27, no. 4 (2006), pp. 221–61Google Scholar
Hamilton, Bob and Whalley, John, “Efficiency and Distributional Implications of Global Restrictions on Labour Mobility: Calculations and Policy Implications,” Journal of Development Economics 14 (1984), pp. 61–75CrossRefGoogle ScholarPubMed
Martin, Philip, “Migration,” in Global Crises, Global Solutions ed. Lomborg, Bjorn (Cambridge: Cambridge University Press, 2004), p. 443Google Scholar
Tanner, Arno, Emigration, Brain Drain and Development, (Helsinki: East–West Books, 2005), pp. 23–24Google Scholar
Charlton, Andrew and Stiglitz, Joseph, The Development Round of Trade Negotiations in the Aftermath of Cancun, (London: Commonwealth Secretariat/Initiative for Policy Dialogue, 2004)Google Scholar
Cox, Adam B. and Posner, Eric A., “The Second Order Structure of Immigration Law,” Stanford Law Review 59, no. 4 (2006), p. 809Google Scholar
Stoffman, Daniel, Who Gets In: What's Wrong with Canada's Immigration Program – and How to Fix It (Toronto: Macfarlane, Walter and Ross, 2002)Google Scholar
Borjas, George J., Heaven's Door: Immigration Policy and the American Economy (Princeton: Princeton University Press, 1999)Google Scholar
Rosenhek, Zeev, “Migration Regimes, Intra-State Conflicts and the Politics of Inclusion and Exclusion: Migrant Workers in the Israeli Welfare State,” Social Problems 47, no. 1 (2000), p. 49CrossRefGoogle Scholar
Chang, Howard F., “The Economic Impact of International Labor Migration: Recent Estimates and Policy Implications,” Temple Political & Civil Rights Review 16, no. 2 (2007)Google Scholar
Cornelius, Wayne A., “Death at the Border: Efficacy and Unintended Consequences of US Immigration Control Policy,” Population and Development Review 27, no. 4 (2001), pp. 661–85CrossRefGoogle Scholar
Chang, Howard F., “The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism,” DePaul Law Review 52 (2003), p. 759Google Scholar
Carens, Joseph H., “Aliens and Citizens: The Case for Open Borders,” Review of Politics 49, no. 2 (1987), p. 251CrossRefGoogle Scholar
Kordvani, Amir, “Hospitality, Politics of Mobility, and the Movement of Service Suppliers under the GATS,” Melbourne Journal of International Law 7 (2006), pp. 74–103Google Scholar
Moellendorf, Darrel, Cosmopolitan Justice, (Boulder, CO: Westview, 2002)Google Scholar
Goodin, Robert E., “If People Were Money …,” in Barry, Brian and Goodin, Robert E., Free Movement: Ethical Issues in the Transnational Migration of People and of Money, (Pennsylvania, University Park: The Pennsylvania State University Press, 1992), pp. 6–11Google Scholar
Dornbusch, Rudiger, Economics, 3rd edn. (London: McGraw-Hill, 1991)Google Scholar
Pogge, Thomas, “Cosmopolitanism and Sovereignty,” in Political Restructuring in Europe: Ethical Perspectives, ed. Brown, Chris (London: Routledge, 1994), pp. 89–122Google Scholar
Kok-Chor, Tan, Justice Without Borders: Cosmopolitanism, Nationalism and Patriotism, (Cambridge: Cambridge University Press, 2004), p.2Google Scholar
Rawls, John, A Theory of Justice, (Cambridge, MA: Harvard University Press, 1971)Google Scholar
Beitz, Charles R., Political Theory and International Relations, with a new afterword by the author, (Princeton, NJ: Princeton University Press, 1999 [1979])Google Scholar
Pogge, Thomas, Realizing Rawls, (Ithaca, NY: Cornell University Press, 1989)Google Scholar
Trachtman, Joel P., “Welcome to Cosmopolis, World of Boundless Opportunity,” Cornell International Law Journal 39 (2006), pp. 477–501Google Scholar
Morgenthau, Hans J., In Defense of National Interest: A Critical Examination of American Foreign Policy, (New York, NY: Alfred Knopf, 1951)Google Scholar
Waltz, Kenneth, Theory of International Politics, (Reading, Mass.: Addison Wesley, 1979)Google Scholar
Bull, Hedley, The Anarchical Society: A Study of Order in World Politics, (London: Macmillan, 1977)CrossRefGoogle Scholar
Miller, David, “Immigration: The Case for Limits,” in Contemporary Debates in Applied Ethic, ed. Cohen, Andrew L. and Wellman, Christopher Heath (Oxford: Blackwell, 2004)Google Scholar
Petersmann, Ernst-Ulrich, “The WTO Constitution and Human Rights,” Journal of International Economic Law 3, no. 1 (2000), pp. 19–25CrossRefGoogle Scholar
Howse, Robert, “Human Rights in the WTO: Whose Rights, What Humanity? Comment on Petersmann,” European Journal of International Law 13, no. 3 (2002), pp. 651–60CrossRefGoogle Scholar
Cottier, Thomas, Pauwelyn, Joost, and Burgi, ElisabethHuman Rights and International Trade (Oxford: Oxford University Press, 2005)CrossRef
Broude, Tomer, “Taking Trade and Culture Seriously: Geographical Indications and Cultural Protection in WTO Law,” University of Pennsylvania Journal of International Economic Law 26, no. 4 (2005), pp. 623–92Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×