International Migration

Bilateral labor agreements (BLAs) aim to facilitate the movement of temporary migrant workers between countries. So far, studies of BLAs have focused on whether they have effects on migration flows. Despite countries entering hundreds of BLAs, evidence for their effects on migration flows remains limited. Yet, even if BLAs have limited material effects, they may still have important symbolic effects. On this topic, this Comment highlights BLAs’ potential to change rhetoric about international migration among heads of state. Drawing on an original empirical analysis focused on BLAs with the Philippines, the Comment analyzes how BLAs may influence leaders’ expressed attitudes toward international migration during United Nations General Assembly (UNGA) debates. Results reveal significant positive shifts in sentiment about international migration after countries form BLAs with the Philippines. The improved sentiment has a limited duration, however, diminishing after initial surges. Considering these findings, the Comment contributes to three bodies of legal scholarship, namely, those dealing with (1) the need for more social science research in international law, (2) the socioeconomic and political effects of BLAs, and (3) the utility of international agreements to constrain or prompt change in state action. Ultimately, the Comment calls for a comprehensive assessment of international agreements, recognizing their ability to affect not only intended outcomes but also high-profile symbolic outcomes.

Experts predict that millions of people will need to migrate internally and across borders due to global warming. Currently, international legal frameworks do not extend the same legal protections to climate migrants as are afforded refugees and asylum seekers. While international law recognizes the right to asylum based on political persecution, there is no international right to migrate based on climate-based harms that states are legally bound to observe. This Comment proposes a climate migration lottery (CML) that would be administered internationally to address current and future climate-based migration. Under this proposal, receiving states would agree via a treaty to admit their fair share of the total pool of climate migrants selected through the lottery. Migrants from countries with a high susceptibility to having large portions of territory rendered uninhabitable by climate change would be eligible to enter the CML. This comment argues that a CML can alleviate the strain on regions in developing states that must accommodate internally displaced persons as well as the burden on countries that are near low-lying Pacific island states that will experience significant rates of displacement due to sea level rises.