Beyond Numbers Versus Rights: Shifting the Parameters of Debate on Temporary Labour Migration

This paper seeks to move beyond what Martin and Ruhs described as the numbers versus rights equation in temporary labour migration programs. We do this by examining the ideology of temporary labour migration. This ideology has three key elements: temporariness, labour markets and rights. The paper describes how these concepts obscure key features of temporary labour migration programs. The argument is developed by examining points of contrast between current programs in place in the USA, Canada, Australia and the UK. The paper concludes by demonstrating how unmasking the power imbalances of this ideology will lead to new policy directions.     

Confronting Chaos: Migration Law Responds to Images of Disorder

This paper argues that in liberal nations migration law orders chaotic images and is an important site for the construction of national identities. Empirical illustrations are drawn primarily from Australia, but the thesis is applicable to all immigrant nations and also provides insights for the “Old World”. The argument proceeds by first examining the role of migration laws in liberal democratic societies. Building on this framework, it then looks at how Australian migration law responds to images of disorder outside the nation. Finally, it considers how migration law addresses disorder within the nation by reflecting a coherent picture of Australian national identity. This revised version was published online in June 2006 with corrections to the Cover Date.