LPE Approaches to Migration and the Labor Market

This post comes out of the early career workshop ‘Law and Political Economy in Europe’which took place at the Centre for Socio-Legal Studies, at the University of Oxford, on the 7th of October 2019. For all the posts this series, click here.

Manoj Dias-Abey –

PoliticsineuropePlenty of leftists continue to make the case for limiting migration and enforcing border restrictions. For example, in the UK, union leader and close Jeremy Corbyn ally Len McCluskey maintains that the “influx of people willing to work for less money and put up with a lower standard of living” drives down wages. Even Bernie Sanders has come perilously close to sanctioning a nationalist and protectionist stance when it comes to migration by arguing that “open borders” is a Koch brothers’ conspiracy.

Whether we give credence to these claims will depend on how we conceptualize labor markets. If we accept the fiction of national labor markets, and further assume that these markets are governed by the forces of demand and supply, then perhaps these claims might ring true. However, if we understand that labor markets are created by institutions and social forces, then we might look to factors other than supply to explain the phenomenon of declining wages and deteriorating working conditions. In this short post, my aim is to provide two alternative ways of seeing labor markets, and to trace how the impact of migration might be conceived within each. In setting out the neoclassical economists’ vision of labor markets and contrasting it with conceptualizations by more heterodox economists, I pay particular attention to the role attributed to law in each of the models.

Continue reading

Service Workers or Servile Workers? Migrant Reproductive Labor and Contemporary Global Racial Capitalism

140708170758-slavery-protest-indonesia-horizontal-large-gallery

(via CNN)

Click here to read all posts in our Care Work series. 

Robyn Rodriguez—

Grassroots migrant worker activists, particularly those working as domestic workers or care workers, have characterized their labor experiences as “servitude,” “modern-day slavery,” and “bondage.” They use these terms to describe both their workplace conditions and the power dynamics that exist in their relationships with employers. A case study of the experiences of Filipino migrant workers, former U.S. colonial subjects, illustrates two key dynamics of contemporary global racial capitalism: first, that migrants’ reproductive labor entrenches social relations of servility—dually defined as “having or showing an excessive willingness to serve or please others” or “of or characteristic of a slave or slaves”; and second, that recent migration trends are intensifying the servile status of migrant workers from the third world. If we expand existing analyses of care and reproductive labor by migrants to account for service work more broadly, we are better able to grasp the enduring significance of relations of racialized servility in the 21st century. Continue reading

The Borders of Empire

E. Tendayi Achiume –

Image result for east india company ship"

The designations “illegal” or “economic” immigrant swiftly mark those to whom they are applied as legitimate targets of national exclusion. Public and academic discourse often treats such immigrants as the consummate political strangers, standing outside the political borders of “we the people” or “we the citizens,” whose status as citizens confers a collectively-held, unilateral right to decide who may cross the political and territorial boundaries of the nation-state. In the conventional account, the right to exclude is understood as an incident of nation-state sovereignty, vital for the independent self-determination of all. Within the liberal paradigm, the law of immigration is an exception to this sovereign right to exclude. Political strangers must fit into one or other exceptional category to be granted admission: high-skilled worker, student, tourist. Even refugees are admitted by way of exception, and those who meet the legal definition of a refugee enjoy the strongest, internationally-recognized legal protections against national exclusion. For so-called economic migrants—those understood to move in search of better jobs, better education or just better lives—legal and ethical entitlements to admission and inclusion remain largely at the discretion of the citizens of the receiving state. And so, if Europe wants to exclude African migrants crossing the Mediterranean, it has the right to do so.

In a recent article, Migration as Decolonization, I challenge the dominant accounts of sovereignty and the right to exclude outlined above, arguing that they ignore the theoretical and ethical salience of the political economy of empire. Very loosely, empire can be understood as the extra-territorial projection of political and economic power by one political community over another, on terms that structurally favor the former. Dominant legal and political theory focus on the borders of discrete, autonomous nation-states, but largely ignore the borders of empire. Migration as Decolonization breaks from this conventional mode to recall the colonial history of contemporary border regimes, and to spotlight the manner in which the logics of empire have long shaped the governance of borders, as the articulation of an absolutist conception of sovereignty in the Chinese Exclusion Cases illustrates. My focus is the legal and ethical implications of persisting neocolonial interconnection and subordination, which I argue mean that former European colonial or First World nations have no right to exclude the citizens of formerly colonized or Third World nations. On this account, Western European nations have no right to exclude Africans.

Continue reading