This book explores how law and policy makers within the Southern African Development Community regional structure might reform the legal and regulatory frameworks to best capitalise the benefits of the movement of people, drawing lessons from other experienced jurisdictions by critically engaging with the regulatory efforts and approaches in regions such as the European Union, the Economic Community of West African States, and the East African Community to propose a revised approach to migration governance and practice in the SADC. Deeper regional integration allows citizens to move freely across national boundaries, and services are a rising component of global trade and investment. However, global trade in services is stifled by barriers at and behind the border. These barriers make it difficult for service providers from developing regions to access key markets in their preferred modes of service trade. Against this background, this book aims to take the discussion on furthering regional integration and trade through the movement of people by tackling issues on stringent immigration policies, arguing that having a vibrant and rewarding trade in services will require an approach towards the unrestricted movement of persons.

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

This unique book synthesizes and extends the immigrant trade literature and provides comprehensive coverage of this timely and important topic. In that vein, the author contributes to the understanding of the relationship between immigration and trade and sheds light on a noteworthy aspect of globalization that both confronts policymakers with challenges and offers the potential to overcome them. Roger White documents the pro-trade influences that immigrants have on US imports from, and exports to, their respective home countries. Variations in the immigrant trade link are addressed, as are the underlying factors that may determine the existence and operability of that link. The findings have direct implications for US immigration policy, suggesting that too few immigrants are currently admitted to the country and that a more liberal immigration policy may enhance social welfare. This book contains valuable economic analyses for undergraduates, postgraduates, researchers, educated laypersons and practitioners who are interested in public policy, international trade and economics, migration studies, international relations and globalization.

This Handbook focuses on the complexity surrounding the interaction between trade, labour mobility and development, taking into consideration social, economic and human rights implications, and identifies mechanisms for lawful movements across borders and their practical implementation.

International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.

The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.

This volume brings together a number of thought-provoking papers to provide a refreshing look at the issues related to the cross-border temporary movement of labour and the development issues that arise from it. It provides a balanced review of the literature to provide credible evidence and practical policy options to make such movement an important vehicle for development in poorer countries while benefiting the labour-scarce high-income countries. Various articles included in the book allow the readers to understand the difficulties associated with and potential scopes of the further liberalisation of temporary migration of labour, and to better appreciate the extent of gains from such liberalisation from the perspectives of both developing as well as developed countries.In a set of papers the need for managing the temporary migration programmes is highlighted so that they can deliver a ?win-win? outcome for both groups of countries. While the volume offers informed and important inputs for formulating proposals in the area of short term labour movement negotiation, it also emphasizes a more productive international cooperation to identify and address areas of mutual interest by countries in the management of migration. Case studies on migration and development experiences of different countries also extend support to the strengthening of an effective partnership between developing and developed countries to maximise the gains from labour movement.

There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

Explores the economic and political ramifications of liberalization of national rules of migration through international legal agreements. Examines the existing law of economic migration. Develops proposals for new international rules in the field and for interstate cooperation.