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Migration, International Trade and Foreign Direct Investment in the Twenty-first Century Towards a New Common Concern of Humankind

This paper explores the linkages between migration, international investment and trade from both economics and legal perspectives. The literature review reveals that the triangle of migration, investment and trade shows complex interdependences, both in terms of substitution and complementarities, though its components remain largely separated both institutionally and legally. The 2018 Global Compact for Safe, Orderly and Regular Migration addresses a number of trade- and investment-related issues. Recent treaty developments also encourage considering the triangle in a more integrated manner. The paper suggests undertaking such an effort under the emerging principle of Common Concern of Humankind, which provides a new foundation of international cooperation, obligations to do homework and enhance legal compliance in international relations. Given its importance and pressing needs, migration along other areas is destined to be developed as a Common Concern of Humankind. The emerging principle offers the potential to further develop the linkages between migration, trade and investment and shape the law and policies in a mutually supportive and more coherent manner. The paper sets out a number of preliminary ideas suggesting ways in which migration could be addressed in international trade regulation and trade policies, particularly agricultural trade, and in the field of investment protection.

  • Acknowledgements
  • Authors’ bios
  • Abstract
  • List of abbreviations and acronyms
  • 1. Introduction
    • 1.1. Trade and investment linkages in the Global Compact for Migration
    • 1.2. Difficulties and challenges
    • 1.3. Towards greater coherence
  • 2. Assessment of mutual impact
    • 2.1. Substitution or complementarity?
    • 2.2. The impact of trade on migration
    • 2.3. The impact of foreign direct investment on migration
    • 2.4. The impact of migration on trade
    • 2.5. The impact of migration on investment (foreign direct investment)
    • 2.6. Migration policy, trade and investment
    • 2.7. Conclusions
  • 3. The legacy of fragmentation in international law
    • 3.1. Labour migration
      • 3.1.1. Global law
      • 3.1.2. Regional integration
      • 3.1.3. Bilateral labour mobility agreements
    • 3.2. Bilateral investment treaties
    • 3.3. The multilateral trading system of the World Trade Organization
  • 4. Legal linkages and limitations
    • 4.1. Trade and labour migration
    • 4.2. Investment protection and migration
    • 4.3. Regional integration and preferential agreements
  • 5. Migration as a Common Concern of Humankind
    • 5.1. Towards a new principle of law
      • 5.1.1. The duty to cooperate and negotiate
      • 5.1.2. The duty to do homework and the protection of human rights
      • 5.1.3. Compliance
    • 5.2. Rethinking sovereignty
    • 5.3. Linkages to multilevel governance
  • 6. Implications for trade and investment law and policy
    • 6.1. International trade regulation
      • 6.1.1. Agricultural policies
      • 6.1.2. Local content rules
      • 6.1.3. Labour migration and services
      • 6.1.4. Financial services and remittances
      • 6.1.5. Basic services for migrants
      • 6.1.6. Government procurement
      • 6.1.7. Waivers for refugee support
    • 6.2. From investment protection to investment cooperation
      • 6.2.1. Training and export promotion
      • 6.2.2. Tax breaks and corporate social responsibilities
      • 6.2.3. Supporting diaspora investments
    • 6.3. Architecture and mechanism securing compliance
      • 6.3.1. Trade dispute settlement
      • 6.3.2. Investment dispute settlement
      • 6.3.3. Compliance and economic sanctions
  • 7. Conclusion
  • Bibliography