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The regulation of labor migration at national and international level


Author: Luca Ala
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2016
Scientific adviser: Victoria Arhiliuc
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 9 September, 2016
Approved by NCAA on the 6 October, 2016

Abstract

Adobe PDF document – 0.51 Mb / in romanian

Thesis

CZU 341.215.43:331.556.2

Adobe PDF document 7.15 Mb / in romanian
197 pages

Keywords

labor force, worker-migrant, migrant workers rights and freedoms, political and legal measures, the state migration policy, international and national legal regulations.

Summary

Goals and objectives: The research involves elucidating legal methods to protect the rights of migrant workers throughout the period of migration cycle, drawn from various documents signed by the employer and the employer, the state of normative acts of local and international. To achieve this goal were drawn following objectives: Study of labor force migration phenomenon; complex analysis of legal mechanisms to protect migrant workers that they have available the states and prospects of implementing them; the Republic of Moldova migration policy approach in the context of trends and regional realities.

Scientific novelty and originality. The present investigation comes to bring a new breath by researching the regulations of migratory flows in terms of globalization and regionalization of migration phenomenon, analyzing various aspects of protection of migrant workers and their social rights. The focus is on the national and international legal regulation of labor migration, on the specific of migration processes, currently occurring at the regional level, relations between the migrant worker and the employer, on the appearance and increase of private intermediaries that subdue migrants to various forms of abuse, disorder in the recruitment process, which will last until the establishment of a new and appropriate management of international migration.

Major scientific issues solvedin the thesis consists in the foundation of the state migration policy, which will contribute to highlighting politico-juridical and social measures, in order to ensure the protection of the rights and liberties of migrant workers, that are citizens of the Republic of Moldova.

The theoretical value of the researchis determined by the innovative approach of protection mechanisms for migrant workers, emphasizing the opportunities and disadvantages of labor force migration in the context of globalization, expansion and diversification of investigations in this field, proposing more effective solutions, in overcoming the decisional disability at the national level. It is desired to elaboration of a guide- tool for legal practitioners (lawyers, judges, public officials, human rights defenders), provisions, that regulate the labor force migration at the national and international level, are analyzed and interpreted.

The approval of the results. The thesis was presented at the Department of International Law and Law of the Foreign Economic Relations of the the Faculty of Law of the Moldova State University and of the Scientific Seminar in the field, being discussed and well-appreciated. Theoretical and practical issues presented in the paper were considered and recognized in various national and international conferences and meetings. As an approval of the results serves the activity as a lecturer at the Faculty of Law.