| With the deepening of economic globalization, the demand for temporary labor migration has been rising, and transportation and communication has been more convenient, which promote the rapid development of temporary labor migration. Compared to international trade and investment, its development speed and scale is limited. According to economists'analysis, given more liberation, temporary labor migration may have a big contribution to the global economic welfare. Furthermore, the distribution of labor force between countries is imbalance, many developed countries facing more and more serious aging problem, while developing countries having ample labor force. This also is a great impetus. The developments of temporary labor migration need the safeguard and promotion of legal systems, in which global legal system is the best option. The dissertation focuses on the global legal system of temporary labor migration, analyzing the necessity of global system, researching on present legal systems, trying hard to find the way of further development and raising countermeasures of our country.Besides Preamble and the Conclusion, There arc five chapters in the dissertation, which are arranged as follows:The heading of chapter one is "necessity of global legal system of temporary labor migration and its sources". Since there is not a clear definition to temporary labor migration, the author defined it in the first. Then the dissertation classifies the legal systems of temporary labor migration into four categories, putting forward that the global system is of great necessity. Following that, the article lists the sources of global legal system of temporary labor migration.The heading of chapter two is "the Rights Protection of Temporary Migrant Workers under Conventions concerning Migrant Workers". Conventions concerning Migrant Workers are important legal sources of global legal systems on temporary labor migration, including Migraiotn for Employment 1949, Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers 1975, Internatinoal Convention on the Protection of the Rights of All Migrant Workers and Members of their Families 1990. The chapter states the present vulnerable situation, which is worse than domestic worker, and permanent labor migrants, faced by temporary labor migrants. Then the chapter analysizes the rights temporary labor migrants can enjoy under the conventions. Finally, the author maks general comments on the three conventions, putting forward that the conventions attach importances to migrant worker's rights protection, but there are still many shortcomings, especially not taking temporary labor migrants seriously.The heading of chapter three is "Legal regulation of the General Agreements on Trade in Services on temporary labour migration". The General Agreements on Trade in Services are the other most important sources. Movement of Natural Persons is the fourth mode of international trade in service, belonging to temporary labor migration. The concept of Movement of Natural Persons is obscure and limited. In the legal system on Movement of Natural Persons, the principle of Most Favoured Nation (MFN) is the basic stone, specific commitements are the core, and negoations is the way to forward. The chapter analysizes the definition and scope firstly, the principle and exception of MFN secondly, specific commitments and negotiations concerning Movement of Natural Persons thirdly. The author suggests that the scope of subjects of Movement of Natural Persons should be widened, related specific commitments should be developed, and trying best to pushing the negotiation forward.The heading of chapter four is "conflicts, coodination and development of global legal systems on temporary labor migration". There are many differences between The General Agreements on Trade in Services and conventions concerning migrant workers, which leading to conflicts. Since the present legal systems are in the early stage of development, and having conflicts, it's necessary to make coodinations and new development. The chapter analyzes the conflicts between The General Agreements on Trade in Services and conventions concerning temporary migrant workers. The conflicts are mainly concerned with core value goal, terms and norms. Then the chapter focuses on discussing how to moving forward, putting forward that development should be the value goal, division of function and cooperation between international organizatins should be strengthend. And the author raises three feasible development paths in the end.The heading of chapter five is "the status quo of lega l system on temporay labour migration of china and develop ment countermeasures". The chapter analyzes the Chinese l egal system of temporary labor migration on global, region al and bilateral, domestic aspects. Facing the developmen t of global legal systems and shortcomings of Chinese lega l systems on temporary labor migration, China should take active actions. The author raises five countermesures. The y are to participate in the WTO negotiation on Movement of Natrual Persons, take full advantage of concerned human r ights and labor rights conventions, develop regional and b ilateral legal systems, and perfect domestic legal system,... |
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