transnational governance Flashcards
(18 cards)
What is transnational governance?
- Takes place between a select group of countries
- a way of sharing decision making beyond the national state
- Try to manage migration
- Manage populations: who belongs where and when.
Why is it important?
- Transnational governance is important because migration is multi-layered and boundary crossing. It requires domestic and international policy.
What does transnational governance need
- Economic and social interests: Employers and Trade unions
- Foreign Policy interests: Countries of origin: historical obligations, migration systems
- Local and regional interests: Borderlands: security concerns, increasing corporate interest.
- Domestic security/public order interests: Neighbours: unstable or much poorer states.
What do transnational governance institutions do?
Transnational regulatory regimes and frameworks:
Refugees
Refugees:
• Regulation by hard law
• Conventions on the rights of refugees, transnational, regional
• Convention on human rights, transnational and regional.
What do transnational governance institutions do?
Transnational regulatory regimes and frameworks:
Labour migrants and development
- The co-existence of ‘embeddedness’ of regimes. National but also international treaties between states and UN conventions.
- Transnational level regulations by soft program, practice and institution.
- Regulation by convention (soft and hard law).
International Organisation for Migration (IOM)
is an intergovernmental organization that provides services and advice concerning migration to governments and migrants, including internally displaced persons, refugees, and migrant worker
International Labour Organisation (ILO)
- Between soft and hard law
- Founded 1919, in 1949 special category for migrant worker, 1975 expanded migrants’ rights considerably, got equality, social security etc.
- Go against public opinion, cost state more money.
- A lot for countries to sign up for.
Hard law
• Bi-lateral, regional treaties:
• EU free movement of workers vs Dublin Convention
• Traditional, regional regulatory framework embedded in international law
• Dublin convention – claim asylum in first country arrive in in EU, they process application.
• External governance
• Labour recruitment and return, social security and security based exchange
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What are the practices they can deploy to shape patterns and experiences of migration? Do these practices ever work?
- They can manage migration – by organising, selecting, privileging and controlling.
- Also through:
- Selectivity before entry
- Border security
Selectivity before entry:
- select who they want to join their country though selectivity policies.
- useful migrants who will contribute to economic growth.
- hierarchy of migrant.
- relaxed rules about undocumented migrants –provide cheap, vulnerable labour.
- Privileging - list of countries that are good countries to receive migrants from – used to differentiate between labour migration and refugees then select labour migrants
- Criteria of selectivity:
- Labour market needs, the resident labour market test (RLMT).
no visa if someone already in the country can fill the post.
Self sufficiency: require individuals to prove they’re self sufficient. Main way of inclusion/exclusion.
UK has gradually increased the money needed to be considered self-sufficient. Amount is considerably above average income.
Discriminatory administration- E.g. translation of qualifications, many forms
Selective ‘partnerships’: destination and origin countries have an agreement. Migrants can come for 2 years but then have to return for 2 years, then can come back again.
Border Security
- Bio-information in passports
- ‘Real-time’ information processing and machine learning – monitor movements of people, predict where going next.
- Drones
- Mobile phone data and digital identity traces
- Fences, walls, roads, people with guns
Internal Categorisation and controls
- Migration management isn’t just at the border
- It is also inside the national states
- How is it done in practice?
- Organisations involved:
- Transport companies: carrier liability
- Employers: if sponsored someone to come over, they have responsibility and have to notify immigration officials
- Universities
- Landlords
- Doctors
- Social security officers
Problems with Deportation and Expulsion
- BUT, VERY DIFICULT IN PRACTICE
- Hard to achieve
- Practical issues: costs, efforts, ‘utility’ of the undocumented. They are useful
- Hard to find people who are undocumented.
Limitations:
- Lots of policy ideas – rarely work in practice.
- If they do, they focus on migration as a whole concept. Not about individual migrants’ experiences.
- Controlling is either impossible or it implies an unwarranted attack on freedom. Migrants aren’t treated with respect. They are just other humans.
- Deportation doesn’t work
- Selectivity before entry does, but not fair on migrants. Hierarchy etc.
- Border control does but unfair on migrants.
Problems with selective partnerships
This reduces the effects of brain drain, since migrants give back to their original country.
This is not a good experience for the individual migrants – they are not granted any rights and cannot find a sense of belonging in the community. Not a partnership but an imposition. Bribe countries of origin to agree. Suits governments. Creates a hierarchy of countries and creates global inequality.
problems with IOM
- Its too impractical, in order to be effective, needs to have more specific agendas.
- Very complex system
- Strategic focus – assisting and supporting. Too vague, and down to interpretation. Can’t be held accountable no way to enforce.
- Soft transnational governance.
- No enforcement mechanism.
problems with border control
security technologies with anti-immigration policies – shouldn’t be done like this. Shouldn’t use the same practices, its an invasion of privacy and freedom. Migrants haven’t done anything wrong, so don’t treat them like this.