CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ POVERTY ERADICATION – CONTROVERSIES BETWEEN UN AND WTO on the right of states to promulgate laws and regulations concerning the entry of aliens and the terms and conditions of their stay, 82 where this is necessary in the interests of the state. 83 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families stipulates that “nothing shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families”. 84 The fact that each and every state has its own understanding of temporariness that may vary from several months to 5 consecutive years 85 is an additional factor that stands in the way of regulating migration within the GATS. Since the international community of states agreed upon the importance and effectiveness of multilateral trading system in poverty eradication and economic growth for all, it is important to agree upon the common understanding of temporary migration for the purposes of international trade and to apply this understanding in practice. The number of diverse categories of temporary migrants amongst others (temporary migrant workers, 86 short-term migrant, 87 transients, 88 migrant worker, 89 project-tied worker, 90 self-employed worker, 91 circular migrant 92 ), shows the utmost importance of the matter. GATS can be used as an effective pillar for regulating migration related issues while respecting the concept of sovereignty and security of states. The fact that the UN in the World Summit Outcome promoted “international trade as an engine for development” 93 is 82 UN Doc A/RES/40/144. 83 Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (adopted 24 Jun 1975, entry into force 09 December 1978) ILO Doc. C143, Art. 14; see also: Convention concerning Migration for Employment (adopted 01 Jul 1949, entry into force 22 January 1952) ILO Doc. C097, Art. 10. 84 International Convention of the Protection of the Rights of All Migrant Workers and Members of Their Families, (adopted 18 December 1990, entry into force 1 July 2003), UN Doc A/RES/45/158 Art.79. 85 MANOLO, Abella. (2006) ‘Policies and Best Practices for Management of Temporary Migration’, Paper presented at the International Symposium on International Migration and Development, UN Population Division, Turin, 28-30 June 2006; See also for example: Portugal: Act No. 23/2007. 86 International Migration Law, Glossary on Migration, (2004) IOM, 2004. 89 International Convention of the Protection of the Rights of All Migrant Workers and Members of Their Families, (adopted 18 December 1990, entry into force 1 July 2003), UN Doc A/RES/45/158 Art. 2(1). 90 Ibid ., art. 2(2). 91 International Migration Law, Glossary on Migration, (2004) IOM, 2004. 92 EMN Glossary &Thesaurus, is available on accessed 24.02.2015; Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on circular migration and mobility partnerships between the European Union and third countries (COM (2007) 248), is available on , Cit.: European Migration Network, “Temporary and Circular Migration: empirical evidence, current policy practice and future options in EU Member States”, September 2011, is available on , accessed 24 February 2015, p. 14; GRAEME, H. – What we know about Circular Migration and Enhanced Mobility, (2013) Policy Brief, Migration Policy Institute, No. 7; GHOSH, B. (2007), “Managing Migration: Whither the Missing Regime? How Relevant is Trade Law to Such a Regime?”, (2007) vol. 101, Proceedings of the Annual Meeting (American Society of International Law), p. 304. 93 UN Doc A/RES/60/1. 87 Ibid. 88 Ibid.

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