International legal regulation of migration in the context of international construction contract law

In the article, the results of the conducted research are reflected, revealing the public international law framework governing labor migration in global construction projects. Subject matter encompasses the interplay between International Labour Organization Conventions No. 97 and No. 143, the 1990 UN Migrant Workers Convention, European Union Directive 96/71/EC, bilateral investment treaties and soft-law instruments, all examined through the specific prism of construction contract practice. The study identifies institutional fragmentation created by tensions between states’ police powers to regulate entry and the freedom to provide services, a gap that exposes migrant builders to heightened exploitation risk in jurisdictions with weak judicial capacity. A comparative doctrinal analysis of treaty provisions, European Court of Human Rights precedents, Court of Justice of the European Union case-law and recent ICSID awards is combined with empirical scrutiny of corporate codes and lender safeguard policies. Findings demonstrate that effective protection requires harmonising core obligations via protocol amendments to ILO conventions, expansion of Directive 96/71/EC to cover recruitment fees and joint liability of contractors, and integration of fair recruitment standards into FIDIC-based contracts. The article proposes establishing an ILO registry of bilateral agreements with consultative monitoring and issuing global guidelines on minimum labour conditions for the construction sector, thereby enhancing legal predictability for investors while strengthening human-rights compliance. These recommendations contribute a coherent model that bridges public and private international law and align migration governance with Sustainable Development Goal 8 on decent work.

Authors

Publication Details

Journal
Право и политика
Published
2025-05-01
DOI
https://doi.org/10.7256/2454-0706.2025.5.74469
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

International legal regulation of migration in the context of international construction contract law

Dmitry Semenovich Belkin
Право и политика
International Arbitration and Investment Law
article

International legal regulation of migration in the context of international construction contract law

Dmitry Semenovich Belkin
article en

Abstract

In the article, the results of the conducted research are reflected, revealing the public international law framework governing labor migration in global construction projects. Subject matter encompasses the interplay between International Labour Organization Conventions No. 97 and No. 143, the 1990 UN Migrant Workers Convention, European Union Directive 96/71/EC, bilateral investment treaties and soft-law instruments, all examined through the specific prism of construction contract practice. The study identifies institutional fragmentation created by tensions between states’ police powers to regulate entry and the freedom to provide services, a gap that exposes migrant builders to heightened exploitation risk in jurisdictions with weak judicial capacity. A comparative doctrinal analysis of treaty provisions, European Court of Human Rights precedents, Court of Justice of the European Union case-law and recent ICSID awards is combined with empirical scrutiny of corporate codes and lender safeguard policies. Findings demonstrate that effective protection requires harmonising core obligations via protocol amendments to ILO conventions, expansion of Directive 96/71/EC to cover recruitment fees and joint liability of contractors, and integration of fair recruitment standards into FIDIC-based contracts. The article proposes establishing an ILO registry of bilateral agreements with consultative monitoring and issuing global guidelines on minimum labour conditions for the construction sector, thereby enhancing legal predictability for investors while strengthening human-rights compliance. These recommendations contribute a coherent model that bridges public and private international law and align migration governance with Sustainable Development Goal 8 on decent work.

Право и политика(5)
Openalex Percentile: Top 73%
International Arbitration and Investment Law
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