Free Movement of Persons and Access to the Labour Market: Lessons from the European Economic Community for the Association of Southeast Asian Nations Economic Community.
Abstract
While a regional framework on the free movement of persons does not exist within
the current AEC, it envisions advancing the region to have a freer flow of skilled labour. It
has initiated the regional movement of selected high-skilled labour through the MRAs on the
movement of selected professionals and the MNP on the movement of businesspersons.
However, the AEC does not have any integration at the regional level on the movement of
low-skilled labour. Thailand, which is the most preferred destination for low-skilled AEC
labour, has entered into bilateral agreements with other four AEC member states, namely,
Myanmar, Laos, Cambodia and Vietnam, in order to supplement the regional rule regarding
low-skilled labour.
This thesis postulates that the EEC free movement of persons framework, which
involved the movement of persons to pursue economic activities, could provide useful
lessons for the emerging AEC labour migration framework. The main supporting reason for
this hypothesis is that the original EEC framework has eventually developed into the most
mature regional system on the free movement of persons within the EU.
This thesis perceives the development of a regional framework on labour migration as
a historical development, which challenges labour migration theory. The central question of
this research is “How can participating states develop and accept a legal framework on labour
migration within regional economic associations?” This thesis aims to examine the feasibility
of regional integration on labour migration within the AEC, taking into account the
experiences of the EEC free movement of persons framework. It aims to explore approaches
and main features of the labour migration framework of the EEC and the AEC. The
examination mainly relies on obstacles to labour migration including access to the labour
market, permission to perform economic activities, permission to reside, family reunification,
working conditions, and protection from expulsion.
This thesis also aims to prove the hypothesis of the new regionalism theory, which
proposed that regionalism emerges from below and within the region. Through the lens of the
new regionalism theory, it explores the challenge that reliance only on existing international
law may be inadequate for regional cooperation to achieve deep regionalism in respect of
labour migration. Nevertheless, an effective regional framework could be initiated by new
rules agreed by the participating states or developed from reciprocal bilateral agreements.
Authors
Atipa., Junwerasatien.Collections
- Theses [4125]