Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may (...) even have a duty to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable. (shrink)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light (...) on the formal and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two internal, contradictory (...) political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

Putting migrant remittances into house construction and rebuilding is generally seen as either conspicuous consumption or productive investment, but in both cases the perspective is economistic. This article argues that only when the cultural dimension of economic action is understood will it be possible to comprehend migrant spending on houses. Specifically, this article seeks to understand why, in the case of the rural Tagalog village in this study, located in upland Batangas Province in the Philippines, overseas labour migrants build houses (...) that they do not even live in, but are given to parents or simply left unoccupied. The explanation is framed in relation to the meanings of houses in a culture of bilateral kinship, which the Philippines shares with most parts of Southeast Asia, but inflected by distinct colonial influences. The article demonstrates the ways in which houses as memorials serve as idioms of ties of relatedness within kin groups and the broader community, ties that are being transformed by global migration and experienced differently yet maintained, renegotiated yet sustained transnationally. (shrink)

This paper describes the ways by which state regulations created fertile soil on which legal labor migration in Israel developed into an unfree labor force. We show how state policies effectively subject foreign workers to a high degree of regulation, giving employers and manpower agencies mechanisms of control that they do not have over Israeli citizens. These mechanisms create a group of non-citizen workers that are more desirable as cheap, flexible, exploitable and expendable employees through enforcing atypical (...) employment relations: fixed-term contracts, the binding system enforcing direct dependence of the migrants on manpower agencies and employers, and the threat of automatic deportation. These stringent state regulations have provided the context for the legal labor migrants to turn into a captive labor force, the system sometimes even degenerating into a human trafficking industry. (shrink)

Significant “guestworker” immigration occurs when the state lacks the capacity to inhibit rent-seeking by private interests that benefit from imported labor. Policies allowing imported labor result in government subsidies for employers’ profits. These subsidies are usefully conceived as rents. A developmentalist state will constrain the creation of such rents, especially because imported labor carries long-term costs not borne by employers and inhibits productivity growth and positive structural change. A clientelist state falls prey to this type of rent-seeking (...) because of a weaker institutional capacity for creating conditions that make alternative solutions feasible and profitable for employers. (shrink)

Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is both (...) compatible with liberal principles of justice and likely to be an important part of a sensible immigration policy for the near future, at least. I show how the many injustices and high potential for abuse of earlier programs may be avoided. I also show good reason to favor a well-crafted temporary labor migration program over either the more likely alternative outcome of officially tight borders (which would almost certainly maintain our current dependence on large-scale unauthorized immigration) and the much less likely option of nearly open borders. As increased labor migration of all sorts is an intrinsic part of increased economic globalization, it is especially important to craft guidelines for just temporary labor migration programs if we are to both gain the advantages of globalization and protect the rights of workers. (shrink)

Temporary labour migration programs are often proposed as a way to provide the benefits of migration in general, while mitigating the allegedly problematic effects of permanent migration. Here I propose that the arguments deployed in favour of temporary labour migration over permanent migration are flawed, normatively, and that empirically temporary labour migration programs produce effects in receiving states that are even worse than those (allegedly) produced by permanent migration. As a result, I shall (...) argue that, for reasons of consistency, advocates of restricting permanent migration should support restricting temporary labour migration programs as well. I conclude not by arguing that temporary labour migration programs should be abandoned, but rather that we must focus more seriously on re-constructing temporary labour migration programs that do not produce these dilemmas, as well as on generating policies that alleviate the challenges they often pose in receiving societies. (shrink)

This paper aims to show that fairness in trade calls for relaxing existing WTO rules to include a greater liberalisation of labour migration. After having addressed several objections to global egalitarianism, it will argue, first, that the world’s rich and the world’s poor participate in a same multilateral trading system whose point is primarily to reduce trade barriers, and hence to establish global economic competitions, in order to raise their standards of living; second, that these competitions are subject to (...) requirements of formal and substantive fairness; and, third, that the substantive fairness of the competitions that are taking place in the field of trade in goods is likely to require a greater liberalisation of labour migration, especially low-skilled labour from developing countries. (shrink)

This paper argues that the vast inequalities in access to migration opportunities and treatment of migrants constitute a structural injustice, and that although states are clearly the most powerful agents in migration injustices, individuals also bear a personal responsibility to ameliorate these injustices. The argument builds on Young's theory of structural injustice and critically applies it to labour migration. The paper argues that wealthy migrants and citizens who benefit from migrant labour have a responsibility to contribute towards (...) ameliorating migration injustice on account of their position of privilege, whereas disadvantaged migrants have a responsibility due to their interest in changing their situation. It then considers how people might discharge such an obligation through collective political action, pointing in particular to non‐governmental organizations, labour unions, and local government. Finally, the paper addresses the objections that positing personal responsibility for labour migration is overly demanding and that the current labour migration regime is meritocratic and fair. The article concludes by showing how this sort of stance can be seen as interest‐driven by privileged groups and argues for the role of disruptive politics in overcoming it. (shrink)

The article discusses a particularly contentious aspect of labour mobility—state sanctioned and controlled temporary labour migration. In contrast to forced migration, which always has had a recognizable ethical dimension in terms of the universal right to asylum, temporary labour migration has tended to be viewed as an exclusively economic and thus ethically neutral phenomenon. This article presents a diametrically opposite approach to temporary labour migration: it is argued that this form of labour mobility creates a plethora (...) of ethical challenges to the body which regulates it—the state. Furthermore, attention is drawn to employers’ rationalizations in relation to temporary migrant workers and trade unions’ responses to it. The article examines how these industrial relations actors deal with the moral hazards characteristic to temporary labour migration. It concludes with the exploration of the emergent issues in migration ethics and points out to a tentative research agenda. (shrink)

An ever more aggressive anti-migration propaganda war is being waged by the majority of British media, where migration in any form is consistently portrayed on the basis of forming and consolidating a response to a security threat. While tens of thousands of migrant workers are exchanging their sweated labour for meagre wages in the 3-D jobs — dirty, dangerous and degrading — in Britain's food-processing, electronic manufacturing, catering, cleaning and hospitality industries outside any mechanism of labour protection, Britain (...) today is still declining to at least ratify the UN Convention on the Rights of Migrant Workers and Their Families in effect since last year. In the post-Morecambe debate on migration and demand for regularizing gangmasters, policing and immigration raids are seen as the quick cure for migrant labour exploitation. The argument sounds as if the only way to get rid of employers’ violation of minimum labour rights is to get rid of migrant workers. Britain has forgotten to ask — who are the migrant workers? They are the ones who sweep British roads, clean British supermarkets and serve you food in restaurants in every high street. They are the ones who sew the clothes you wear, put together your microwaves and process the British salads that you have on your dinner table everyday. Migrant workers are people you don't meet everyday but upon whom you depend. To find out about the chain of exploitation in which migrant workers live and the impact of British immigration controls that are fundamental to their lives, I lived undercover among the Chinese workers from whom I learnt a great deal. (shrink)

Theoria, Volume 87, Issue 5, Page 1153-1174, October 2021.

Labor migration is often regulated internationally through bilateral treaties signed between states, determining the conditions under which migrants from one state 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. (shrink)

In der Öffentlichkeit häufig als Auswanderungsland wahrgenommen, unternahm China in den letzten Jahren verstärkt Bemühungen, qualifizierte Fachkräfte aus dem Ausland für den chinesischen Arbeitsmarkt zu gewinnen. Die Einführung eines Fachkräfteeinwanderungssystem mit abgestuften Rechten für Arbeitsmigrant:innen sollte diese Entwicklung fördern. Die vorliegende Analyse zeigt, dass diese Reform des Einwanderungssystems die Gerichtspraxis nicht verändert hat. Abseits der politischen Diskurse um die Anwerbung von internationalen Talenten und der Propagierung Chinas als Wissenssupermacht, bleibt China aufgrund der existierenden Probleme im bestehenden Rechtssystems für Arbeitsmigrant:innen unattraktiv.

The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider (...) their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life. (shrink)

The metaphor of “care drain” has been created as a womanly parallel to the “brain drain” idea. Just as “brain drain” suggests that the skilled migrants are an economic loss for the sending country, “care drain” describes the migrant women hired as care workers as a loss of care for their children left behind. This paper criticizes the construction of migrant women as “care drain” for three reasons: 1) it is built on sexist stereotypes, 2) it misrepresents and devalues care (...) work, and 3) it misses the opportunity for a theoretical change about how skills in migration contexts can be understood. (shrink)

The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider (...) their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life. (shrink)

This article examines the phenomenon of the “global circulation of low-end expertise” through an exploration of the social dynamics surrounding American oil drillers who migrated from the Pennsylvania oil region to British colonial Burma during the early 1900s to the mid-1930s. These working-class drillers, with practical knowledge in oil drilling acquired through familial and community networks, played a crucial role in operating mechanized oil wells and providing geological expertise in colonial Burma. Positioned between labor-intensive agricultural economies in colonial Asia (...) and the higher echelons of British colonial society, these drillers occupied an intermediate social location. Despite their indispensable expertise, they were marginalized due to their lower social standing, leading to their expertise being disregarded by their superiors and forgotten over time. By understanding the complexities of the “global circulation of low-end expertise,” this study sheds light on the social construction and erasure of the expertise held by these working-class drillers, revealing overlooked aspects of global histories of science and labor and highlighting the need to reassess dominant historical narratives on knowledge-labor. (shrink)

This paper looks at a recent challenge to the liberal inclusivist view that everyone on the state’s territory should have a path to citizenship. Economists have argued that giving immigrants an inferior legal status would persuade wealthy countries to admit more, with beneficial consequences for global justice. Whilst this trade-off might seem appealing from the impersonal perspective of the policymaker it generates incoherence from the perpective of the collective of democratic citizens, since it requires them to treat their own unjust (...) attitudes as an objective constraint. The paper also rejects the idea that a voluntary choice to migrate can be taken as consent to an inferior status. (shrink)

The present contribution defends that remittances should be taken into account and integrated into an ethical framework on migration. This main thesis is two-fold. First, we argue that if a normative approach to migration is to claim practical relevance, it should integrate remittances as a relevant empirical parameter into an ethical framework. The empirical assessment of the scientific evidence available on remittances therefore proves to be extremely important. Secondly, assuming that remittances have to be taken seriously, we consider (...) their positive and negative impacts against two backgrounds. First, we emphasize the increased autonomy of persons who pull themselves and their dependents out of economic hardship. Second, affluent states who enable this process through their labor legislation contribute to the fulfillment of their duty of assistance. In this respect, our thesis is to claim that remittances should be considered as an amplifying factor for normative arguments in favor of a liberalization of labor migration. Remittances stand for a liberal way of fulfilling a responsibility to help, namely through the elimination of obstacles which in turn allow people to support themselves and lead an autonomous life. (shrink)

Why do some Chinese local governments include informal workers in their welfare systems while others exclude them? This article argues that local officials attempt to balance multiple, conflicting, top-down career-evaluation criteria by developing different inclusion mechanisms. The central mandate to build an inclusive welfare regime incentivizes local officials to embrace welfare “outsiders”. However, other top-down policy goals and the locally defined citizenship system disincentivize the full integration of outsiders. Faced with this political dilemma, local officials have strategically incorporated different types (...) of outsiders into their welfare regimes. Their strategies depend on local labor market structures—specifically, the extent to which informal workers overlap with nonlocal workers. This hypothesis is tested using an original data set derived from thirty-one Chinese provinces, covering the period between 2005 and 2015, as well as two rounds of national-level survey data. Findings suggest that recent Chinese welfare expansion has ironically consolidated, even exacerbated, regional inequality. (shrink)

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to show two (...) things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

Migration to the City of Tshwane has, amongst others, been propelled by economic and political dynamics. This has always manifested in the scramble for resources as internal and cross-border migrants struggle to access the mainstream economy of the host city and country. Competition between locals and foreign nationals, social exclusion and xenophobic attacks on foreign nationals has always been part of the narrative around political and economic migration. This article seeks to provide a deconstruction of the economics and (...) politics of migration – particularly how cross-border labour migrants can benefit the host city and country. Using the literature review and contextual Bible study of Genesis 41:41–57 from the lenses of both trained and ordinary readers, this article concluded that cross-border migrants, given the necessary space and proper reception, can contribute immensely towards the growth of the mainstream economy of the host city and nation as demonstrated by Joseph’s contribution in Egypt.Contribution: This article’s contribution is within a paradigm in which the intersection of philosophy, social sciences, humanities and biblical studies generates a scientific discourse which involves a systematic, historical, exegetical and practical reflection. (shrink)

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, 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, 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? (shrink)

The desire for work, income, and better living conditions is the main cause for international migration. Such labor migration is also called economic migration, although it has many non-economic aspects and side effects as well. This article seeks to examine the reasons for and the consequences of international labor migration in its different dimensions. This will take into consideration the interests of all three groups involved: the migrants and their families, the countries of origin (...) and their peoples, the host countries, and the local populations. The core of the article is a social ethical evaluation of the conflicts of interest revealed in the analysis, considering the values of human dignity and justice. The aim is to explore how to balance different interests through a humane and fair immigration policy and international migration partnership. (shrink)

France’s agreements on the joint management of migration flows 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. (shrink)

This research uses a normative approach to examine the relationship between basic income and migration. The decisive variable is the effect of labour automation, which increases economic insecurities globally, leaving some nation states in a position to cope with this and others not. The insecurities will increase migratory pressures on one hand but also justify the introduction of basic income on a nation state level on the other. The normative guideline is the republican conception of freedom as non-domination. This (...) is used to justify a basic income, analyse how labour automation creates dominating structures and how borders dominate migrants seeking to move to countries which introduce a basic income. The result is that nation states that introduce a basic income to counter internal domination through labour automation, also have to look outside of their nation state. The imposition of borders in order to keep a basic income sustainable as well as labour automation itself, establish a form of domination over less developed countries and thus demand international regulation. (shrink)

Histories of economic development during the Cold War do not typically consider connections to race science and eugenics. By contrast, this article historicizes the debates sparked by the International Labor Organization’s Puno–Tambopata project in Peru and demonstrates how Cold War development practice shared common epistemological terrain with racial and eugenic thought from the Andes. The International Labor Organization project’s goal of resettling indigenous groups from the Peruvian highlands to lower-lying tropical climates sparked heated debates about the biological specificity (...) of Andean highlanders’ physiques and ability to survive in the tropics. Such concerns betrayed the antitypological consensus expressed in the United Nations Educational, Scientific and Cultural Organization Race Statements and defended by one of the main proponents of the resettlement project, the Swiss–American anthropologist Alfred Métraux. The concern with Andean racial types was central to the research agenda of the acclaimed Peruvian physiologist Carlos Monge, who endorsed modernization projects that did not entail moving highlanders outside of their traditional climate. The debates sparked by the Puno–Tambopata project demonstrate how Cold War development discourse grappled with racial and eugenic thought from Latin America and the Global South and thereby produced projects of indigenous “improvement.”. (shrink)

This article makes a conceptual contribution to the broader literature on unfree labour by challenging the separate treatment of sexual and industrial labour exploitation both by researchers and in law and policy. This article argues that the prevailing focus of the supply chain literature on industrial labour has inadvertently posited sexual labour as the ‘other’ of industrial labour thus obfuscating how the legal blurring of boundaries between industrial and service labour is engendering new modalities of the erosion of workers’ rights (...) that are increasingly resembling those typical of sex work. This article advances the debate on unfree labour both conceptually and empirically. Conceptually, it highlights the relevance of social reproduction in understanding forms of labour unfreedom. Empirically, it demonstrates the similarities in forms of control and exploitation between sex work and industrial work by illustrating how debt and housing operate in both settings. (shrink)

Know the current situation of Ecuador with the analysis of migration, its economic and demographic effects. The methods used are exploratory and descriptive research, which allows us to approach the reality facing the country. The result is that in Ecuador it is preferred to hire the migrant for his lower payment, and labor exploitation is incurred towards him. A part of the migrants in Ecuador are professionals, they do not exercise their profession due to the non-legalization of their (...) documents. It is concluded that Ecuador is a chosen destination to obtain resources to send remittances to their country of origin. (shrink)

This essay brings together political theories of empire and racial capitalism to clarify the entanglements between socialist and imperial discourse at the turn of the twentieth century. I show that white labor activists and intellectuals in the United States and the British settler colonies borrowed from imperial scripts to mark non-white workers as a threat. This discourse was thus both imperial and popular, because it absorbed the white working class into settler projects and enlisted its support in defense of (...) imperial logics of labor control. While white workers’ demands of enfranchisement were part of a transnational imagination that was both imperial and narrowly emancipatory, this discourse reemerged as one of popular sovereignty and found channels and paths to institutionalization through national states. These institutional formations arose out of the encounter between capitalists interested in facilitating mobility of racialized laboring subjects around the globe, elite projects invested in sheltering settler spaces, and white workers concerned with protecting their own labor from competition by excluding exploitable non-white workers. White labor’s embrace of racial prejudice and the exclusion of workers of color created segregated labor spaces that fit neatly with both capitalist goals of labor control and the protection of the settler status of emerging polities. Bringing to the forefront the imperial genealogy of popular sovereignty and immigration control disrupts liberal political theory frameworks that condemn restrictions as well as those that find migration restrictions permissible. The analysis also illuminates contemporary immigration politics. (shrink)

Countries increasingly have been entering bilateral labor agreements 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. (shrink)

A reconsideration of the crucial historical role of slavery in the consolidation of the global regime of capital accumulation provides a vital source of Marxian critique for our postcolonial present. The Atlantic slave trade literally transformed African men and women into human commodities. The reduction of human beings into human commodities, or ‘human capital’ – indeed, into labour and nothing but labour – which was the very essence of modern slavery, served as a necessary prerequisite for the consolidation and perfecting (...) of what Marx called ‘labour in the abstract’, and requires us to re-situate enslaved labour as the defining and constitutive limit for how we comprehend labour as such under capitalism. The production of labour in the abstract, or labour ‘in general’, depended nonetheless upon concrete productions of sociopolitical difference, particularly the branding of race. The term ‘Black’, which was devised to literally and figuratively brand the flesh of enslaved people, was also contrived to signify their particular sociopolitical condition of brutal degradation as the ultimate limit for the subjugation of labour. Blackness names that limit. Thus, Blackness is in fact necessary for apprehending labour as such under capitalism. Marx’s scathing critique of wage labour is always haunted by the long shadow of slavery as its limit figure. If we comprehend labour to be the antithesis of capital, then to the extent that Blackness names the ultimate condition of labour’s subordination and subjection to capital, we need to recognise the tendency for all labour under capital to be pressed toward a sociopolitical condition of Blackness (or approximating Blackness), where Blackness does not name any kind of essential identity but the racialised sociopolitical condition of that subordination/subjection. Consequently, the labour theory of value – which has always been in fact, more accurately, a value theory of labour – must be complemented with what we might posit to be a racial theory of labour. Such an ostensibly historical perspective on the foundational role of slavery in the genesis of capitalism is no mere scholastic exercise in the historiography of ‘primitive accumulation’, however, but rather must be re-purposed toward the ends of elaborating what has remained an as-yet underdeveloped Marxian theory of migrant labour. Extrapolating key insights from Marx’s corpus for the formulation of a racial theory of labour, this essay is ultimately concerned with the ways that slavery supplies capitalism with a defining horizon for all labour, and thus how this insight might instructively serve to comprehend the racialised subordination of migrant labour within our global/postcolonial sociopolitical order. (shrink)

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 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. (shrink)