Title Page
ABSTRACT
Contents
CHAPTER I. INTRODUCTION 19
1.1. Rationales 19
1.2. Legal Issues 25
1.3. Study Objectives 27
1.4. Scopes and Limitations of Study 27
1.5. Research Methodology 28
CHAPTER II. MIGRANT WORKKERS AND THE DEVELOPMENT OF THE LABOR MIGRATION: A GLOBAL OVERVIEW UNDER INTERNATIONAL LEGAL FRAMEWORK 30
2.1. Definition of the Labor Migration, Migrant Workers, Documented and Undocumented Migrant Workers and other key terms explanation under International Law 30
2.2. The Development of the Labor Mobility: Regional Dimensions, Trends and Emerging Migration Issues (Update Data) 37
2.3. International Legal Instruments related to the Rights Migrant Workers 43
2.3.1. Universal Declaration of Human Rights (UDHR) 44
2.3.2. Principles of Equality and Non-Discrimination of the United Nations 49
2.3.3. International Convention on the Protection of the Rights of All Migrants Workers and Their Families (ICRMW) 51
2.3.4. International Covenant regarding Civil and Political Rights 1966 (ICCPR) 55
2.3.5. International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR) 60
2.3.6. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 61
2.4. Migrant Workers under International Labor Standards 63
2.4.1. Migration for Employment Convention 1949 (No.97) and Recommendations on Migration for Employment (Amendment) in 1949 (No. 86) 65
2.4.2. Migrant Workers (Supplementary Provision) Convention 1975 (No. 143) 68
2.4.3. Others International Instrument under ILO 72
CHAPTER III. THE DEVELOPMENT OF LABOR MIGRATION OF MIGRANT WORKERS RIGHTS IN EU; MAIN OBSTACLES AND POSSIBILITIES TO FACILITATE MOBILITY IN EUROPEAN LABOR MARKET 80
3.1. Historical and Legal Development of Labor Migration in the European Union 80
3.1.1. Globalization and International Labor Migration 80
3.1.2. Current Situation of Labor Migration in European Union: Achievements and Difficulties 84
3.2. Regional Legal Instrument for the Protection of the Fundamental Human Rights for Migrant Workers in the European Union 96
3.2.1. Intra EU-Mobility - Legal Background of Free Movement of EU Citizens 96
3.2.2. Regional Legal Instrument for the Protection of the Fundamental Human Rights for Migrant Workers in the European Union 101
3.3. Possibilities to Facilitate Labor Mobility. Recommendations to Overcome the Obstacles of Labor Mobility in Europe in the field of Migrants' Integration and their Access to Information on Mobility and Fundamental Rights 118
3.3.1. Already Existing EU Instruments to Facilitate EU Internal Mobility 120
3.3.2. The importance of the Ratification of Relevant Migrant Workers Conventions 126
3.3.3. Obstacles of the Ratifications 127
3.3.4. Resolutions 132
CHAPTER IV. THE DEVELOPMENT OF LABOR MOBILITY AND THE RIGHTS OF MIGRANT WORKERS IN ASEAN - IN THE CONTEXT OF THE ESTABLISHMENT OF ASEAN ECONOMIC COMMUNITY (AEC) 135
4.1. Overview of ASEAN Economic Community (AEC) 135
4.2. Legal Instrument and Practice in ASEAN to ensure the Rights of Migrant Workers 138
4.2.1. Legal Instruments of ASEAN to assure the Right of Migrant Workers 140
4.2.2. Mutual Recognition Agreements in ASEAN (MRAs) 147
4.3. Assessment of the development and shortcoming of Labor Mobility in ASEAN. Proposed Issues and Causes 158
4.3.1. Achievements 158
4.3.2. Limitations 160
CHAPTER V. THE SIMILARITIES AND DIFFERENCES ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS BETWEEN EU AND ASEAN - PROPOSAL FOR LEGAL FRAMEWORK IN ASEAN 178
5.1. The Similarities and Differences between Two Communities relating to Labor Mobility of Migrant Workers 178
5.1.1. Similarities 181
5.1.2. Differences between these two regions 190
5.2. Gaining the Experiences from EU Labor Mobility Mechanism and Recommendation for the Labor Legal Framework in ASEAN- The effective implementation of the ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers 196
5.2.1. Experiences from EU Legal Principles on Labor Mobility 197
5.2.2. Recommendation for the Labor Legal Framework in ASEAN- The effective implementation of the ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers 199
CHAPTER VI. CONCLUSION 224
REFERENCES 231