The WTO/GATS Mode 4, International Labour Migration Regimes and Global Justice

36 Pages Posted: 18 May 2007

See all articles by Tomer Broude

Tomer Broude

Hebrew University of Jerusalem - International Law Forum

Date Written: May 18, 2007

Abstract

This paper asks whether the model of international labour migration regulation found in the WTO's General Agreement on Trade in Services (GATS) Mode 4 conforms to principles of global justice. To answer this question on the backdrop of the complex set of policy considerations relating to labour migration, I explore four competing theories of global justice: Cosmopolitanism; Statist Realism; Rawlsian Society-of-Peoples; and Nationalism. While the initial assumptions of these approaches are far removed from each other, and their ideal prescriptions seem mutually incompatible, a shift to non-ideal formulations reveals a broad range of commonalities and complementarities. From these one may derive general principles that delineate the common ground of international migration regimes that might be morally acceptable to all approaches. These include the encouragement of global distributive justice; the protection of basic human rights of migrants; promotion of the effectiveness of migration policy; and emergency safeguards for migration receiving states. As analyzed in the article's final section, the GATS Mode 4 does not satisfy any of these requirements.

Keywords: WTO, GATS, Labor Migration, Immigration, Global Justice, Rawls, Cosmopolitanism, Human Rights

Suggested Citation

Broude, Tomer, The WTO/GATS Mode 4, International Labour Migration Regimes and Global Justice (May 18, 2007). Hebrew University International Law Research Paper No. 7-07, Available at SSRN: https://ssrn.com/abstract=987315 or http://dx.doi.org/10.2139/ssrn.987315

Tomer Broude (Contact Author)

Hebrew University of Jerusalem - International Law Forum ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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