Irregular Labor Migration and International Trade Law: Problems and Solutions
Chantal Thomas
Abstract
The asymmetry in international economic law between liberalization of trade and investment, on one hand, and labor migration, on the other, has created pathways and connections that facilitate unauthorized as well as authorized labor movement, and has also generated effects of dislocation and displacement that further facilitate unauthorized migration. These dynamics emerge clearly in the context of US trade agreements with Mexico and Central America. After delineating the ways in which international trade law has contributed to the problem of irregular labor migration in the US context, this work will consider whether international trade law may also present a partial solution by providing a format for negotiations on labor migration. With Brexit looming large as a cautionary tale, this work considers alternative models for "linking" trade and labor migration.