Chapter 5: Agents, pirates or slavers
It is not simply that law should be more involved in the sustainable regulation project. Regarding migrant labour markets, populations on the move progressively encounter crucial decision sites in their search for a better life. Engaging at these decision sites (discussed in more detail in the following chapter) could be expected to be the state, private market interests or civil society contributing to a regulatory environment where sustainable market relationships and outcomes are advanced. The regulatory reality reveals both a lack of regulatory activity and, where it may be present, an unbalanced operation of regulatory responsibilities (see chapters 2 and 6). The hypothesis that more outcome-oriented and more interest-balanced regulation will better produce a viable market framework leading to socially sustainable bonding, necessitates promoting regulation for migrant labour force beyond a humanitarian endeavour. Healthy labour markets cannot be confused with the exploitative commodification of cheap labour value, which in fact contributes little to the social sustainability of home and host nations. Even so, the monetary motivations of migrant workers should not be sublimated into a sustainability push that, because of short-term negative economic consequences, can endanger the legitimacy of the regulatory strategy from the perspective of those it is most designed to protect. In calling for the repositioning of law (through contract and agency) so as to improve decent work opportunities and conditions, there is the short-term market risk, or even the likely consequence that labour pricing should move up to a more realistic value.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.