CEU Electronic Theses and Dissertations, 2016
| Author | Malaya, Milagros Evans Infante |
|---|---|
| Title | ASEAN Liberalization of the Movement of Skilled Laborers: What Could Be Gained By The ASEAN from the Principles of Freedom of Movement and Non-discrimination of the European Union and the Council of Europe? |
| Summary | The Association of Southeast Asian Nations is an economic, socio-cultural and political community. ASEAN Integration was implemented last December 2015 and one of the goals of said integration is the free flow of skilled workers within the ASEAN’s member states. As it stands such free movement of workers only apply to 8 professions. There is an aspiration, however, to further liberalize this freedom of movement of natural persons. There are currently apprehensions that the ASEAN is a mere toothless talk shop which is unable to enforce such freedom of movement and its goal of integration may be hindered by several roadblocks. The goal of this thesis is to discover what may be gained by the ASEAN in its journey towards further liberalization on the movement of natural persons within the region from the principle of freedom of movement and non-discrimination of the European Union as well as the rights enshrined in the European Social Charter of the Council of Europe. The study shall contain a comparison of the rationale, goals, principles and historical influences of the principles of freedom of movement and non-discrimination of the EU and the CoE with that of the ASEAN’s goal to liberalize the movement of skilled laborers. The scope as to the workers involved, industries covered and the period for such freedom of movement will likewise be analyzed. Treaties, books, journals, migration statistics, ECJ cases, blogs and news articles shall be analyzed. Although both the EU and the CoE have enshrined the principles of non-discrimination and respect the freedom of movement of workers in its member states, the ASEAN cannot merely transpose the EU and CoE institutions and principles. The ASEAN, however, must learn that in order for it to achieve its goals of integration, it needs to further liberalize the movement of workers. Moreover, there is a glaring necessity to implement and enforce minimum labor standards not only to prevent abuses of migrant workers but also to protect the domestic labor force. Hence, the ASEAN may gain from the EU and CoE in terms of institution building, enshrining the principle of non-discrimination in its regional and domestic laws and through finding a method which adopts to the ASEAN culture. |
| Supervisor | Kollonay-Lehoczky, Csilla |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/malaya_milagros.pdf |
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