The Conflict Rules on the Protection of the Rights of Migrant Workers; A Proposition for Indonesia and ASEAN

Labour migration is one of the most intensive transnational activities in the ASEAN region. It creates more opportunities for many workers to find work and contributes significantly to the foreign revenue of many counties in the region. This dissertation concentrates on the question of "how the cope with problems concerning the protection of the rights of transnational migrant workers", especially on finding the right method to determine which law governs the protection of the rights of migrant workers. The interfaces between the national standards of protection and the international or regional standards of protection are discussed and an analysis is made of the prospect of ASEAN coordinating a common level of protection in the ASEAN region as well as of the need for Indonesia to unify the PIL method to determine the law (the lex causae) governing the protection of the rights of migrant workers. Table of Contents: Acknowledgement List of Abbreviations Table of Contents Introduction Chapter 1: The Role of International Organizations in the Protection of the Rights of Migrant Workers Chapter 2: The Existence of Conflict Rules Concerning the Protection of the Rights of Migrant Workers in the European Union Legal Instruments Chapter 3: The Recent Cooperation Regaring Protection of the Rights of Migrant Workers in the ASEAN Region Chapter 4: The National Substantive Law of Indonesia Regarding the Protection of the Rights of Migrant Workers Chapter 5: The National Conflict of Laws Rules in Indonesia Regarding the Prtection of the Rights of Migrant Workers Chapter 6: Legal Harmonization of Conflict Rules Regaring the Protection of the Rights of Migrant Workers: Proposition for ASEAN and Indonesia Chapter 7: Private International Law and the Protection of the Rights of Migrant Workers - Conclusion Annex I - Indonesia: Status of Ratification of International Conventions Annex II - List of Ratification of the ILO Core Conventions by the ASEAN Member States Annex III - List of Ratification of the ILO Core Conventions by Saudi Arabia, as a Major Receiving Country of Indonesian Migrant Worker Summary Samenvatting Selected References Index