Michael J Piore
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693610
- eISBN:
- 9780191729744
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693610.003.0024
- Subject:
- Law, Employment Law, Philosophy of Law
This chapter examines visions of membership underpinning contemporary international labour regulations on migration—that is, who is assumed to belong to the community of workers entitled to the full ...
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This chapter examines visions of membership underpinning contemporary international labour regulations on migration—that is, who is assumed to belong to the community of workers entitled to the full range of labour protections? Through a case study of the ILO’s Non-Binding Multilateral Framework on Migration (2006), it shows how, on the one hand, such regulations bring issues fundamental to migrant workers’ protection out of the shadows. Yet, on the other hand, membership norms underlying even those that are most forward-looking continue to reflect familiar tensions between nation states’ concern to preserve their sovereignty in the migration policy field and the objective of improving labour protection for migrant workers, presumed to require collective international action. This tension, the chapter argues, underlines a fundamental political limit to using international labour regulations to reshape labour law in an inclusive direction. It highlights the need for an alternative approach fostering global labour market membership.Less
This chapter examines visions of membership underpinning contemporary international labour regulations on migration—that is, who is assumed to belong to the community of workers entitled to the full range of labour protections? Through a case study of the ILO’s Non-Binding Multilateral Framework on Migration (2006), it shows how, on the one hand, such regulations bring issues fundamental to migrant workers’ protection out of the shadows. Yet, on the other hand, membership norms underlying even those that are most forward-looking continue to reflect familiar tensions between nation states’ concern to preserve their sovereignty in the migration policy field and the objective of improving labour protection for migrant workers, presumed to require collective international action. This tension, the chapter argues, underlines a fundamental political limit to using international labour regulations to reshape labour law in an inclusive direction. It highlights the need for an alternative approach fostering global labour market membership.
