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International Law, Globalization, and Immigration

InternationalLaw, Globalization, and Immigration

Adoptedin September by world leaders, January 1st, 2016 saw the beginning ofthe world’s match towards the seventeen sustainable developmentgoals of the 2030 agenda. The sustainable development goals willrequire all participating countries to mobilize their efforts and endall forms of poverty, effectively tackle climate change, fightinequalities and ensure no one is left behind in the fight.Sustainable development goals were built on the success of themillennium development goals (MDGs) with the aim of ensuring an endto all forms of poverty in the world. The sustainable developmentgoals are unique to the millennium goals in that they call forimmediate action from countries across the board both the poor andthe wealthy nations to promote prosperity and make certain the planetis protected for the future generation.

Thesustainable development goals recognize that to end poverty therehave to be strategies that that address social needs which includeeducation, health, social protection, unlimited job opportunitieswhile at the same time effectively tackle climate change and protectthe environment. These goals are not legally binding, but governmentsthat voluntarily signed the treaty are expected to take ownership andestablish their frameworks for achieving the goals.

Thisessay examines the economic and political implication ofliberalization of national rules of migration through internationallegal agreements with regards to the 2015-2030 global agenda. Theessay shall also propose new international standards that can be usedon immigration policies. It is important to note that internationallaws are only sustainable if the proposed regulation increases thewelfare of a mass majority and if the distribution of the rule`sbenefits and detriments are politically stable.

Asa parameter of globalization, migration has its complex relationshipsof substitutability and complementarity with other globalizationparameters. While examining the economics of international economicsby evaluating both quantities of the labor movement and the movementof other factors, one finds that the labor market is the leastdeveloped parameter of globalization. Freeing up the internationalmarket has enabled achievements of the welfare of economic migrationjust as there have been gains made in free up the international tradeof goods (Khory 45).

Thisputs the spotlight on foreign policy makers who are urged not tospend their energies on new trade round on the internationalfinancial architecture rather focus on liberalization of immigrationrestrictions. Governments are preoccupied with international commercein goods and services, which have resulted in a useful set ofinternational rules (Khor 57). If the same commitment was made to thedevelopment of rules governing the movement of their people acrossnational borders immigration might rise to be one of the greatestevents the world has ever seen.

Thegains made from liberalizing migration would be shared by allcountries, both the developed and the developing one. Moreover, themovement can be used to lift the economies of developing countries.To liberalize immigration it will be important to overcome obstaclesto bargaining and assist the political processes aimed at realizingthe magnitude of the potential advantages of migration (Ku &amp Yoo60). It is, therefore, the role of the international laws to provideways by which governments may reciprocally induce other governmentsto take their interest into account while making critical decisionsthat affect both states. Through the give and take of negotiations,international laws allow governments to achieve this state of affairas closely as possible.

Today,globalization has made governments to face elements that will requirethem to reduce their authority with regards to migration. For thedeveloping countries, their change in demographic has brought aboutan increasing demand for particular types of labor that will requirethem to import. As for the developing nations, their citizens willstill keep on trying to find new and better opportunities and livingstandards in the developed countries. There is also a large economicsurplus that mobility captures (Cohen 39). The surplus arises fromthe difference in wages between the developing countries and thedeveloped countries. The movement of labor will help reduce thissurplus as it will allow for the equal share of the surplus amongworkers, employers, and consumers.

Migrationis not necessarily brought about by demography or economiccircumstances. In some cases, movements are due to the conditions ofthe parent country compared to the terms of the country the migrantis headed to. Poverty, insecurity, human rights abuses, diseases,environmental degradation and other negative factors are some of theconditions that lead to immigration. The global agenda forsustainable development aims at ending these factors, but it is notenough as there is little evidence migration would end even if thesefactors are managed. A change in demand and supply factorschallenges, the importance of the relevant laws in remaining static.

Additionally,migration calls for both the national regimes and the municipal lawsto accommodate and develop international markets for both the skilledand unskilled labor something that should be considered whilecountries implement the global agenda of 2030. As seen with the justconcluded America`s presidential elections there are enormouspolitical barriers to liberalizing migration (Cohen 57). This wasinitially the case with trade liberalization, but governmentsresponded with international laws that mobilized new constituenciesand formation of new political coalitions.

Thewelfare economics of migration show that the global health wouldsignificantly increase if free movement of labor were permittedacross border lines. Researchers have depicted that significantreturns would be acquired from the increased liberalization thatdwarf the profits from the continued trade liberalization. Most ofthe barrier the limit the temporary or permanent movement of laborcompletely lack economic or prudential justifications. This bringsabout an argument from allocative efficiency for liberalizingeconomic migration. The destination states stand to benefit the mostfrom free movement of labor as the migrants bring with them manybenefits (Sassen 63). These advantages include new skills,innovation, entrepreneurial spirits and knowledge that can propel thedestination state to a greater height as evident with the UnitedStates which was formed by migrants.

Migrationoffers a trade in services that provide economies of scales andbenefit of specialization that may prove beneficial to thedestination state. On the other hand, it is also important to notethat unskilled labor from migrants may cause loss to the target statewhile their mother state benefit from it (Carmody 50). This hasbrought about the issue from developing states bemoaning the braindrain experienced in their countries, while the developed statesimplement quality selection where only the best are allowed in theircountry.

Liberalizationof movement will face several issues, and governments will have toface the fact that much of migration desire is to migrate from poordeveloping countries to the wealthier developed countries. This hasbeen based on the arguments on the difference in technology andinfrastructure, where if an advance state uses technology to be moreproductive, then its returns would be higher thus attractingmigrants. This was evident in the 1980`s when Mexicans who worked inthe shoe industry were forced to move to Los Angeles to produce shoesthat were then exported to their country (Sassen 73). This raised thequestion of whether migration would provide welfare-benefit, and towhom and by how much The welfare gains mentioned providing a vitalincentive for migration making it clear that the greatestbeneficiaries are the migrants. This has created a high powerincentive for migration offering the suggestion that the alternativeto legal migration should not be any migration but be illegallymigrated. In order to manage illegal migration, it will be importantfor every government to realize the global agenda, which will go along way in ensuring that the powerful incentive that leads tomigration, are limited.

Thewelfare gains offer a motivation to structure legal, institutionalmechanism that will facilitate, channel and regularize legalmigration. This will see to it the reduction to the motivators forillegal migration and therefore reduce the cost for control ofprohibited migration. However, it is important to note that increaselegal migrations may subsequently lead to the growth of illegalmigrants (Carmody, Garcia, &amp Linarelli 62). This is however basedon the context and structure the legal migration was based on. Everyindicator shows clearly the potential global gains that can beachieved by liberalizing immigration while at the same timeelaborating on how these gains are not evenly distributed.

This,however, should not be used as a reason to not liberalize migrationas with the case of trade in goods and services there are winners aswell as losers. The focus of the international community should,therefore, be on how to establish a method that will facilitatepolicy changes that will ensure the losers on immigration are betteroff after liberalizing migration.

Internationallaw should be used to ensure binding states are both beneficiaries tothe liberalization of migration. The laws should make sure thatstates can achieve the composite optimal outcome of their cooperationwith regards to immigration. This will require the development ofsimple schematics that provide possible coalition between states aredecreased so as to see the full effect of liberalizing migration(Cohen 57). This will require states to have internationalnegotiations with the aim of agreeing on the schematics of what eachstate deem necessary for the liberalization of migration between theinvolved countries.

Thisensures the domestic coalition building governed by internationallaws making immigration policy a two-level game where both countriesstand to benefit. International legal laws should play a vital rolein migration the same way it does with the trade. The rules shouldenable states solve the prisoners’ dilemma and allow them tomaximize the welfare created by movement. Compensation agreementsbetween states where states compensate each other regarding what theylack labor wise could be used as a facilitator to the liberalizationof migration.

Forthe developed states there are reasons to believe that there might behigh interest in migration as compared to the mother countries. This,therefore, results to the destinations state benefiting more frommigration than the sending state (Cohen 70). With international lawsin place, this can be avoided in a manner that ensures both thenations will benefit from migration. Implementing the sustainabledevelopment goal is the beginning of ensuring that such scenarios arecaptured. By fighting poverty and growing their economy, the sendingstates will be able to convince their best citizens to stay with themand only allow those they can dispense to move to the developedcountries (Carmody, Garcia, &amp Linarelli 47). The global agendaalso ensures that the developed states help the developing nationsachieve the financial, economic, and technological stability thatwill enable them to compete on level ground with others.

Tofurther help the sending state there should be an inclusion forpayment for migration to the sending state. The sending state shouldbe able to tax their emigrants and ensure they are also benefitingfrom the migration. The problem with migration fee might is that doesnot provide any incentive to groups that would push forliberalization of immigration rather the proceeds go directly to thestates. This fee should, therefore, be used to fund adjustmentassistance to the destination state while in the sending state, thefund should be used to for development purposed that in the long runensure they do not lose their best to the developed countries.

Itis important to recognize the fact that until there is a free flow ofpeople, illegal migration will continue to exist. The growing gapbetween developed nations and the developing countries only serves asa catalyst to the immigration problem. The global agenda that cameinto effect at the begging of 2015 looks at ensuring this gap isreduced but does not address the issue of a free flow of people. Itis, therefore, the responsibility of every policy maker to respondand ensure that systems are in place that provides liberalization ofmigration that is beneficial to every participating state.


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Cohen,Jean. Globalizationand sovereignty: Rethinking legality, legitimacy, andconstitutionalism.Cambridge: Cambridge University Press. (2012).&nbspPrint.

Gammeltoft-Hansen,Accessto asylum: International refugee law and the globalization ofmigration control.Cambridge: Cambridge University Press. 2013 Print.

Khory,Kelly. Globalmigration: Challenges in the twenty-first century.New York: Palgrave Macmillan. 2012. Print.

Ku,Jason Lee. Tamingglobalization: International law, the U.S. Constitution, and the newworld order.Oxford: Oxford University Press. 2014 Print.

Sassen,Sylvia. Citiesin a world economy&nbsp(4thEd.). Thousand Oaks: SAGE/Pine Forge. 2011. Print.