The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker
This article investigates the genesis and peculiarities of the principle of national treatment that is used by the host state with respect to foreign citizens in general and foreign workers in particular. The author analyzes the essence of this principle, its role and importance for the assessment o...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2014-03-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/12 |
| _version_ | 1797291324126265344 |
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| author | Anna I. Ivanchak |
| author_facet | Anna I. Ivanchak |
| author_sort | Anna I. Ivanchak |
| collection | DOAJ |
| description | This article investigates the genesis and peculiarities of the principle of national treatment that is used by the host state with respect to foreign citizens in general and foreign workers in particular. The author analyzes the essence of this principle, its role and importance for the assessment of legal status of the above-mentioned persons. The provisions of multilateral international treaties, bilateral agreements and the national legislation concerning the principle of national treatment are compared in the article. The author draws attention to differences in terminology that is used for designation of this principle at both the national and international levels. It is emphasized that due to the lack of consistent terminology the principle of national treatment should be construed purposefully in order to be applied uniformly. The author proves the principle of national treatment to be systemically important as it guarantees a whole range of rights and duties of a participant of labour relations. |
| first_indexed | 2024-03-07T19:34:14Z |
| format | Article |
| id | doaj.art-e305754bd99a46409898b3a2229a78c3 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:34:14Z |
| publishDate | 2014-03-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-e305754bd99a46409898b3a2229a78c32024-02-29T08:19:28ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932014-03-010116819510.24833/0869-0049-2014-1-168-19512The Principle of National Treatment as the Basis for the Legal Status of a Foreign WorkerAnna I. Ivanchak0MGIMO-University MFA RussiaThis article investigates the genesis and peculiarities of the principle of national treatment that is used by the host state with respect to foreign citizens in general and foreign workers in particular. The author analyzes the essence of this principle, its role and importance for the assessment of legal status of the above-mentioned persons. The provisions of multilateral international treaties, bilateral agreements and the national legislation concerning the principle of national treatment are compared in the article. The author draws attention to differences in terminology that is used for designation of this principle at both the national and international levels. It is emphasized that due to the lack of consistent terminology the principle of national treatment should be construed purposefully in order to be applied uniformly. The author proves the principle of national treatment to be systemically important as it guarantees a whole range of rights and duties of a participant of labour relations.https://www.mjil.ru/jour/article/view/12legal regimenational treatmentprinciple of national treatmentlegal statusforeign citizenforeign worker |
| spellingShingle | Anna I. Ivanchak The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker Московский журнал международного права legal regime national treatment principle of national treatment legal status foreign citizen foreign worker |
| title | The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker |
| title_full | The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker |
| title_fullStr | The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker |
| title_full_unstemmed | The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker |
| title_short | The Principle of National Treatment as the Basis for the Legal Status of a Foreign Worker |
| title_sort | principle of national treatment as the basis for the legal status of a foreign worker |
| topic | legal regime national treatment principle of national treatment legal status foreign citizen foreign worker |
| url | https://www.mjil.ru/jour/article/view/12 |
| work_keys_str_mv | AT annaiivanchak theprincipleofnationaltreatmentasthebasisforthelegalstatusofaforeignworker AT annaiivanchak principleofnationaltreatmentasthebasisforthelegalstatusofaforeignworker |