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- Title
Obscurity and nonbindingness in the regulation of labor migration.
- Authors
Megiddo, Tamar
- Abstract
Labor migration is often regulated internationally through bilateral treaties signed between states, determining the conditions under which migrants from one state (or both) 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 Many remain unpublished and undisclosed.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.
- Subjects
BILATERAL treaties; LABOR mobility; LETTERS of intent; COLLECTIVE labor agreements; LEGAL status of migrant labor; SERVICES for migrant labor
- Publication
Theoretical Inquiries in Law, 2022, Vol 23, Issue 2, p95
- ISSN
1565-1509
- Publication type
Article
- DOI
10.1515/til-2022-0012