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PUBLISHED DATE: - 21-08-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue08-06
THE ROLE OF GLOBALIZATION IN THE
GROWTH OF INTERNATIONAL LABOR
MIGRATION
Murodova Durdonaxon Oybek qizi
Researcher, teacher of the Department "International Law and public law disciplines" UWED,
Uzbekistan
INTRODUCTION
Migration is an area where the need for clear rules
and well-defined policies is particularly evident. It
is therefore essential to promote a human rights-
based approach to ensuring the protection of
migrants and managing migration processes. This
implies the need to develop legislation based on
human rights, the recognition of international
labor standards, humane laws and respect for
ethnic diversity. These measures guarantee
democracy and social peace. Globalization is a
worldwide process that links national socio-
economic entities into a single global economic and
social system. The social, economic and political
activities of the actors of the international
community are taking on a global dimension to the
extent that events in one part of the world can have
immediate consequences for individual countries
and their associations in the remotest parts of the
global system. States can only reliably ensure their
security through joint efforts. This is the only way
to ensure the governance of the system of
international relations and the rule of law within it.
The intensification of globalization processes in the
new millennium is making not only politicians and
economists, financiers, but also lawyers think
about it. Modern globalization, according to V.S.
Nersesyants, is a certain new stage in the further
universalization of the world history of mankind
RESEARCH ARTICLE
Open Access
Abstract
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and the world civilization. I. Lukashuk points out
that globalization is a two-way process. On the one
hand, it can create abundance, increase
productivity and production efficiency. On the
other hand, it increases inequality, makes it more
difficult to adapt to new conditions, and reduces
diversity... In addition to managing the
interconnectedness of the world, globalization also
encourages a tendency towards separatism, often
accompanied by poverty in certain regions. On the
one hand, globalization has enabled the state to
gain access to the common market of goods and
financial markets. In particular, the 1998 UNCTAD
report states: "The integration of emerging market
economies into the global financial system can
bring significant benefits. It will make it possible to
attract additional resources from abroad to finance
investment. It contributes to the development of
domestic
financial
institutions
and
the
improvement of financial management". On the
other hand, in the context of a global market, the
state can no longer effectively perform the
functions of a guarantor, since it can only regulate
the activities of national market participants. The
state effectively becomes a normal participant in
the global market, whose obligations are controlled
together with those of the private sector. In the
conditions where credit and financial, industrial,
socio-economic and other flows acquire a special
status, the role of the state is transformed, it
delegates the implementation of national interests
to its economic transnationalised subject and turns
into a "country system". "Globalization is the
process of transforming the world economy into a
single market for goods, services, labor and
capital." Other scholars also emphasize the
concentration of capital, technology, information,
etc. in their research. The struggle for access to the
formation and redistribution of world income is
becoming the dominant strategic guideline of the
national economy in the global economic arena, the
basis of the national foreign policy of any state of
the XXI century.
One of the leading professors of the Paris Institute
of Political Science, analyzing the issue of
globalization, writes: "1) globalization is a
historical process that has developed over many
centuries;
2)
globalization
means
the
homogenization of the world, living according to
common customs, according to common principles,
adhering to common values, following common
traditions and norms of behavior, striving for
unification; 3) globalization is the recognition of
interdependence, the main consequence of which
is the undermining, destruction of national
statehood, state sovereignty under the pressure of
transnational
management
structures".
Globalization goes hand in hand with
homonization, i.e. the intrusion of common rules
(standards) into everyday life and corporate
governance. The establishment of international
standards such as GAAP or ISSO is the prerogative
of national and supranational economic and
financial institutions, participants in various
agreements, professional organizations in the
fields of accounting and auditing, securities and
intellectual property. But it is also clear that
globalization does not necessarily mean uniformity
in the world economy and the world community.
On the contrary, global competition is likely to
generate an even greater diversity of political and
economic systems and their specific forms of
regulation, and will become the engine of a living,
endless history.
Another leading expert on globalization, S. Amin,
emphasizes that the consequences of the ongoing
process of globalization are twofold. First, there is
a growing tendency for the world economy and
world politics to be dominated by individual states.
Second, the polarization of levels of development is
increasing, as commodity and capital markets take
on an increasingly global dimension, while labor
markets remain segmented. The center, according
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to S. Amin, will continue to strive for dominance by
maintaining 5 monopolies: 1) monopolies on the
latest technologies; 2) monopolies on the control of
global financial flows; 3) monopolies on access to
the planet's natural resources; 4) monopolies on
information and mass media; 5) monopolies on
weapons of mass destruction. A world hierarchy is
formed in which different levels of the periphery -
the states of Eastern Europe, Latin America and
others - are located lower and further from the
center. " A.V. Kuznetsov, who studies globalization,
summarizes that we are talking about several
really
important
processes:
the
internationalization of the economy, the
development of a unified world communication
system, the change and weakening of the functions
of the national state, the activation of transnational
non-state entities. Globalization is the natural and
artificial processes of reducing or removing State
barriers to various types of cross-border
exchanges, which are aimed at the integration and
continuous growth of integrated global production
and the exchange of its products.
The modern international community is
increasingly acquiring the character of a single
whole - global in scale. Globalization is usually
characterized, first of all, as the result of the
interaction of national markets in the course of a
powerful integration of unprecedented movement
of capital, goods, services, and labor around the
world. The driving force of globalization is high
technologies that facilitate international economic
exchange, lead to an increase in the share of
exports and imports, include the regional economy
in the system of the global division of labor, hence
the wave of liberalization of foreign trade in the
money markets of various countries. Globalization
creates a global economic order in which the
structure of production and finance of various
countries becomes interconnected. According to
the International Monetary Fund, globalization is
"an increasingly intensive integration of both the
market for goods and services, as well as capital.
The definition of globalization is also given in the
UN documents Globalization is a general term that
denotes an increasingly complex set of cross-
border
interactions
between
individuals,
enterprises,
institutions
and
markets...
Globalization manifests itself in the expansion of
flows of goods, technologies and financial
resources, in the steady growth and strengthening
of the influence of international civil society
institutions; in the expansion of cross-border
communication and information exchange,
especially via the Internet; in the cross-border
spread of diseases and environmental impacts; and
in the increasing internationalization of certain
types of criminal activity." One UN report notes
that foreign direct investment continues to be the
driving force behind the globalization process that
characterizes the modern international economy."
The modern international community is
increasingly acquiring the character of a single
whole organism - global in its scale. Globalization is
usually characterized, first of all, as the result of
interaction of national markets in the course of
powerful integration of unprecedented intensity of
movement of capital, goods, services, labor force all
over the world. The driving force of globalization is
high technology, which facilitates international
economic exchange, leads to an increase in the
share of exports and imports, includes regional
economies in the system of the world division of
labor, hence the wave of liberalization of foreign
trade of money markets of various countries.
Globalization creates a world economic order
where the structure of production and finance of
different countries becomes interconnected. The
International Monetary Fund defines globalization
as “the increasingly intense integration of
both
goods and services and capital markets”.
Globalization is also defined in the UN documents
“Globalization is an umbrella term for an
increasingly complex set of cross-border
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interactions between individuals, businesses,
institutions and markets...”.
Globalization is
manifested in the expansion of flows of goods,
technology and finance, in the steady growth and
influence of international civil society institutions;
in the expansion of cross-border communication
and information exchanges, especially through the
Internet; in the cross-border transfer of diseases
and environmental impacts; and in the increasing
internationalization of certain types of criminal
activity. A UN report notes that foreign direct
investment continues to be the driving force
behind the globalization process that characterizes
the modern international economy.
Mostly the essence of globalization is revealed as
an economic factor, and then as a political one. In
this sense, globalization is a state of the world
economy, when the economic development of most
countries and regions of the planet are closely
interconnected, production cooperation and
specialization
reach
global
proportions,
transnational
corporations
become
the
predominant form of ownership in the world,
international capital transfer exceeds the volume
of world commodity exchange.18 The dominance
of economic processes in globalization has been
noted by a number of researchers. Globalization
means, first of all, the growing interconnection of
national economies. The pyramidal structure of
national economic complexes patronized by the
state is a thing of the past. Without refusing state
support, participants in foreign economic relations
are building their priorities independently, without
regard to national interests. In turn, the sovereign
state delegates part of its powers to international
and regional associations.19 This view of
sovereignty seems to be erroneous, since legally
sovereignty remains one of the main features of a
modern independent state. Globalization is the
highest phase of internationalization (integration)
of economy and politics, and in its infancy, of
culture.
A number of researchers distinguish between
globality as a process and globalization: ‘Unlike
globality, globalization (or globalism) is the
understanding that the world market displaces or
replaces political activity, it is the ideology of
neoliberalism, based on the use of new methods of
managing the world, the state, the peoples.
Globalization refers to processes in which nation-
states and their sovereignty are woven into the
web of transnational actors and subordinated to
their capabilities. Globalization is a process that
creates transnational social ties and spaces, unites
local cultures and facilitates the emergence of third
cultures’. One
cannot agree with this opinion:
firstly, globality is not a process, but a feature
characterizing the scale of the subject, and
globalization is a process; secondly, globalization
does not supplant or replace political activity, but
on the contrary, strengthens it, giving it a more
vectorial character. As for the sovereignty of the
state, this is an invariable constant of every state,
more detailed arguments in favor of this are given
in the last section of this paper. The process of
globalization is irreversible and cannot exhaust
itself - it is imperative. This imperative is dictated
by the essence of civilization and the fact that the
subject of this process is humanity as a whole. The
alternativeness of globalization does not deny the
variability of its processes, their non-linearity,
leading to reversals and crises. Respect for the
principles of sovereignty, adoration of democracy
and assertion of non-interference in the affairs of
other countries negate the politically prescribed
globalization of the late twentieth century.
Globalization is a concrete-historical phenomenon
that includes such processes as the development of
ties between countries, when they reach a new
level, forming a single worldwide supersystem of
social relations, in which each element cannot
function without the other. Naturally, the leading
side here is the integration of the economies of
individual countries, but globalization is not
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reduced to it, because it covers all spheres of life
Globalization is a natural stage of the whole world
history. Communities of people, in all historical
periods created, larger associations with the
purpose to meet the ever-increasing needs of
society created states, unions of states. However,
never in the history of mankind, the desire for
unification has not manifested itself in human
society as strongly as in the twentieth century,
therefore, the twentieth century with full
confidence can be called the century of
globalization.
Summarizing the above, we can highlight the
following main aspects of the political and legal
characteristics of globalization:
1) globalization emerged at a certain stage of world
economic evolution as a natural qualitative stage of
integration economic processes as a result of the
combination of the implementation of ideas of
liberalism in different countries, geopolitics, geo-
economics,
global
informatization
and
communication;
2) globalization has a dual nature of impact on an
individual state: on the one hand, it increases the
flow of investments and integrates the state into
the world market, modernizes the production
process with new technologies, increases its
efficiency, and on the other hand, makes the state
dependent on international rules, binds the
country with obligations not always beneficial for
it,
3) in the process of globalization there is
polarization of states, i.e. division into a self-
sufficient and prosperous center consisting of the
USA, the European Union, Japan and a poor
periphery consisting of less developed and
developing
states,
and
polarization
and
contradiction are deepening;
4) globalization promotes unification of rules,
standardization of norms, establishment of
uniform concepts and requirements, increases the
importance of international law, international
legislation,
promotes
homogenization,
i.e.
uniformity of the world.
Emerging on the basis of economic integration,
globalization is becoming more and more political.
Globalization through the prism of politics has two
properties to unite some states and to separate
others. The task of authoritative international
organizations in this situation is to ensure global
security and prevent confrontation between
countries, thus preventing crises in both politics
and economics.
Globalization presents new challenges for States
regarding migration processes, therefore the State
plays an important role in the organization of
migration processes. The role of the State includes:
•
International cooperation and coordination
•
Protection of migrants' rights
•
Combating of the illegal migration.
It should be said that the process of globalization
has made certain changes in the life of world
governments and society. Along with the growing
integration, interaction and interdependence of
States, the mediatization of society, the rapid
movement of information, capital, goods and
services, globalization has also generated a number
of challenges and threats that can be minimized
and eliminated only by the common efforts of all
participants in the world community. The
challenges of globalization are largely due to the
uneven distribution of labor needs and the unfair
distribution of remuneration for work. It seems
rational to involve employers and international
non-governmental organizations for the protection
of the rights of migrant workers in regulating the
migration process.
Based on the above, the following conclusions can
be drawn. In the context of contemporary
globalization, which is accompanied by growing
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inequalities in the distribution of wealth and the
‘disconnection’ of a large part of the population
from economic and social well-being, greater
attention needs to be paid to the promotion of
human rights-based approaches. These are the
approaches that strengthen the rule of law,
consolidate the principles of democracy and create
greater equality in the distribution of material
wealth, which will contribute to social cohesion.
Migration is an area where the need for clear rules
and calibrated policies is particularly evident. It is
therefore crucial to promote a human rights-based
approach to ensure the protection of migrants and
the management of migration processes. This
implies the need for human rights-based
legislation, recognition of international labor
standards, humane laws and respect for ethnic
diversity. These measures are a guarantee of
democracy and social peace. The first step is to
build the commitment of States to the relevant
international human rights standards, in particular
the principles enshrined in the two ILO
Conventions concerning migrant workers and the
1990 International Convention on Migrant
Workers. This step should be followed by
recognition of decent work opportunities for all,
combating discrimination and ensuring conditions
for integration. For all those concerned by
international migration - governments, employers,
trade unions, civil society and migrants themselves
- recognizing the rule of law and respecting ethnic
diversity is a shared responsibility. Social partners,
together with migrant organizations, have a key
role to play in preparing societies and governments
to recognize a rights-based approach to migration
management.
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