The Elusive Triple Win: Can Temporary Labour Migration Dilemmas Be Settled Through Fair Representation?

26 Pages Posted: 1 Sep 2021

See all articles by Rainer Baubock

Rainer Baubock

European University Institute

Martin Ruhs

Migration Policy Centre (MPC), European University Institute (EUI)

Date Written: July 2021

Abstract

Temporary Labour Migration Programmes (TLMPs) are controversial because they are caught in a dilemma between global and domestic justice. From a global justice perspective, TLMPs expand opportunities for workers in poor countries to access labour markets of rich countries and they improve the situation of origin countries through remittances. From a domestic justice perspective, TLMPs violate principles of domestic equality because they always afford migrant workers more restricted rights than those enjoyed by citizens and long-term residents of the host country. Although this dilemma cannot be fully resolved, we argue that TLMPs can be morally justified and recommended if they are characterized by ‘fair representation’ in policy design and implementation and also meet certain democratic legitimacy conditions. TLMPs can be justified if they provide triple benefits for destination and origin countries as well as for migrants themselves, yet the relevant benefits can only be achieved cooperatively through transnational governance in which each of the three groups of actors is fairly represented. This conclusion is supported by our interpretation of the democratic principle of including all affected interests. Under such conditions, some rights of temporary migrant workers in host countries can be regarded as a legitimate outcome of negotiations, while others need to be fixed in advance under a democratic principle of equal protection of all subjected to the laws. Democratic legitimacy also requires that migrants enjoy protection and participation rights as citizens of their countries of origin as well as local citizenship in their countries of residence.

Keywords: Temporary migration, global justice, democratic legitimacy, representation, ethical dilemma

Suggested Citation

Baubock, Rainer and Ruhs, Martin, The Elusive Triple Win: Can Temporary Labour Migration Dilemmas Be Settled Through Fair Representation? (July 2021). Robert Schuman Centre for Advanced Studies Research Paper No. RSC 2021/60, Available at SSRN: https://ssrn.com/abstract=3913992 or http://dx.doi.org/10.2139/ssrn.3913992

Rainer Baubock (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

Martin Ruhs

Migration Policy Centre (MPC), European University Institute (EUI) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

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