International Law of Economic Migration - A Ménage À Trois? GATS Mode 4, EPAs and Bilateral Migration Agreements

A paper on labor migration and trade written for the Society of International Economic Law (SIEL), Second Biennial Global Conference, University of Barcelona, July 8-10, 2010.

International economic migration is steered by the vertical interplay of migration-related agreements at three levels: the multilateral opening of labour markets in GATS mode 4, its regional replicas of preferential trade agreements and bilateral migration schemes. We observe a horizontal fragmentation, whereby bilateral migration agreements “correct” the high-skill bias of national immigration laws, while trade agreements liberalize the temporary movement of natural persons in highly skilled services occupations. Combining elements of both are economic partnership agreements (EPAs). The GATS Article II (MFN) brings about coherence, as it lifts the pressure from the classic corridors of migration, which bilateral migration agreements have tended to cement.