Symposium Posts

I’m privileged that my time as an early career researcher (ECR) has been a positive experience. I’ve worked with and been helped by brilliant lawyers and researchers in a collegial, welcoming environment. I’m indebted to them for their time, knowledge, and guidance. Yet, despite this, since I began my doctoral research, I have the unshakable sense that I simply do not belong among these people.

Some years ago, at a different institution, I reached a point where professional, workplace, and personal pressures intersected for a period and I was simply unable to function as normal. Depression is certainly a possible label, so is burnout. I sometimes think of it as an implosion. I was fortunate enough to get help, recover, move on, and I have not since relapsed. However, what one finds on the other side of such events is not a return to things as they were before. Indeed, returning to what went on before is quite likely to repeat the patterns which caused one to burn out in the first place. Hopefully, one finds instead a new, better normal.

This symposium’s idea was born out of at least four reflections on that question – the experiences of the four editors. While our experiences are unique, we could agree on one thing: there are junior international legal scholars struggling with various challenges that are inherent to the field. The hierarchies of academic institutions, the political economy of modern universities, geographical location, language, race, gender, and mental health struggles are some of the issues of concern to junior legal researchers, and often even to those advanced in their career. Difficulties emerge not only from structures of oppression and exclusion but also from insufficient familiarity with basic aspects of academic life. All four of us agreed that at the beginning of our careers we had/have little understanding of how to prepare a book proposal, an abstract for an interesting conference, a polite rejection email for an attractive offer, a teaching plan, a justification for chosen methods, and much more.

Migrants and migrant workers from the Global South carried the economies of the Global North on their backs during the Covid-19 pandemic. On the one hand, millions of migrant workers in agriculture, trans-portation, care, food processing, construction, and other essential sectors continued working while the world shut down. On the other hand, migrant workers faced some of the harshest and most punitive treatment due to their status or lack thereof; many migrant workers were detained, deported or subjected to severe and inhumane treatment coupled with the physical, emotional and psychological impact of the pandemic. The pandemic unveiled high levels of nationalism, racism and xenophobia that impacted mi-grants globally and states have used the momentum to justify heavy handed measures and increased migration restrictions and the monitoring of migrants.

Apart from important recent examples that will be formative, we believe it is long past time for international economic law to take stock of its hidden heritage (including settler colonialism) and how this ongoing legacy invariably intersects with IEL’s impoverished notions of economy, as well as its impoverishing approach to migration.

A welcome discussion has emerged around ameliorating labour supply and demand mismatches across the globe by expanding labour markets. South Africa and Nigeria are among several African countries with a structural unemployment problem, characterised by labour market inefficiencies, such as slow pace of job growth and low productivity. It has long been suggested that structural unemployment problems could be eased through reducing barriers to geographical labour mobility, so combined with labour shortages at industrialised countries, the idea of expanding labour markets is mature. Yet, the returns to such labour mobility are not evenly distributed; increased labour mobility could redistribute skilled workers away from African to more productive industrial countries. Formal labour migration agreements should position themselves to address such human capital redistribution accordingly maximising the returns to contractual parties. Destination countries can mitigate the impacts of redistribution of skilled workers by committing to skill formation at source and to migrant selection practices that are inclusive of mid and lower-level skill sets. Countries of origin can improve their labour market conditions, to create, and retain skilled workers, including through adjustments of professional regulatory practices.

Initiated in September 2018, the negotiations of the new Partnership Agreement between the European Union (EU) and its Member States, on the one hand, and the Organisation of African Caribbean and Pacific (OACP) States, on the other (henceforth the Post-Cotonou Agreement), ended in April 2021. This essay examines the strong focus on mobility and circular migration. It also shows that the emphasis on readmission (extensively detailed in Chapter 4 of the Post-Cotonou agreement) is tantamount to the EU’s attempt to consolidate legal mechanisms aimed at ensuring the temporariness of international migration. Such developments raise, however, a host of challenges.

Much has been written about how international law generally, and international economic law more specifically, have enabled, facilitated and contributed to the continued racial ordering, discrimination, exploitation, and treatment of people on the move as ‘surplus’ population. The current COVID-19 pandemic, if anything, has laid bare how current economic structures entrench precarity and inequality, in a world in which borders may be seamless for goods and services, yet fortress-like and unwelcoming for those fleeing persecution, climate breakdown, armed conflict or abject poverty.

International economic law (IEL) seems largely to ignore the governance of international migration. Yet most international migration is conditioned by economic conditions. Historically, the coerced migration of enslaved Africans, and other regimes of territorial relocation were instrumental to the imperial advancement and economic profiteering that served as the precursor to contemporary global economic and political interconnection. But even today, the global economy depends on international migration. The International Labor Organization estimates that “migrant workers constitute 4.7% of all workers” globally. First World economies (at least according to reported data) rely on international migration even more than those of the Third World—“[a]s a proportion of all workers, migrant workers constitute 18.5 percent of the workforce of high-income countries, but only 1.4 to 2.2 percent of the labour force of law income countries.”

This symposium is focused on reimagining IEL for migration, underscoring the place of migration within the larger IEL discourse and unpacking the complex relationship between IEL rules and norms and international migration. The six essays in this symposium gather original and analytical work from established, mid-career, and young academics and practitioners that focus on critical, trans-disciplinary, and regional perspectives on the intersections of IEL and migration. In addition to theoretical analysis, this symposium also showcases empirical findings on the relationship between IEL and migration