Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Author: Prabha Kotiswaran

Publisher: Cambridge University Press

Published: 2018-12-06

Total Pages: 0

ISBN-13: 9781316613610

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In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.


Marriage Trafficking

Marriage Trafficking

Author: Kaye Quek

Publisher: Routledge

Published: 2018-03-09

Total Pages: 300

ISBN-13: 1317216024

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This book examines the traffic in women for marriage, a phenomenon that has been largely overlooked in international efforts to address the problem of human trafficking. In contrast to current international and state-based approaches to trafficking, which tend to focus on sex trafficking and trafficking for forced labour, this book seeks to establish how marriage as an institution is often implicated in the occurrence of trafficking in women. The book aims firstly to establish why marriage has tended not to be included in dominant conceptions of trafficking in persons and secondly to determine whether certain types of marriage may constitute cases of human trafficking, in and of themselves. Through the use of case studies on forced marriage, mail-order bride (MOB) marriage and Fundamentalist Mormon polygamy, this book demonstrates that certain kinds of marriage may in fact constitute situations of trafficking in persons and together form the under-recognised phenomenon of ‘marriage trafficking’. In addition, the book offers a new perspective on the types of harm involved in trafficking in women by developing a framework for identifying the particular abuses characteristic to marriage trafficking. It argues that the traffic in women for marriage cannot be understood merely as a subset of sex trafficking or trafficking for forced labour, but rather constitutes a distinctive form of trafficking in its own right. This book will be of great interest to scholars and postgraduates working in the fields of human rights theory and institutions, political science, international law, transnational crime, trafficking in persons, and feminist political theory.


Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Author: Prabha Kotiswaran

Publisher: Cambridge University Press

Published: 2017-05-25

Total Pages: 607

ISBN-13: 1108228739

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In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.


Dangerous Sex, Invisible Labor

Dangerous Sex, Invisible Labor

Author: Prabha Kotiswaran

Publisher: Princeton University Press

Published: 2011-07-05

Total Pages: 311

ISBN-13: 1400838762

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Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.


Transnational Criminology

Transnational Criminology

Author: Simon Mackenzie

Publisher: Policy Press

Published: 2022-04-14

Total Pages: 184

ISBN-13: 1529203805

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This pioneering study looks across key trafficking crimes to develop a social theory of transnational criminal markets. These include human trafficking, drug dealing, and black markets in wildlife, diamonds, guns and antiquities, The author offers an in-depth analysis of structural similarities and differences within illicit trade networks, and explores the economic underpinnings which drive global trafficking. Revealing how traffickers think of their illegal enterprises as ‘just business’, he draws broader lessons for the ways forward in understanding criminality in this emerging field.


Statelessness and Contemporary Enslavement

Statelessness and Contemporary Enslavement

Author: Jane Gordon

Publisher: Routledge

Published: 2019-12-17

Total Pages: 127

ISBN-13: 1000766063

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Why have statelessness and contemporary enslavement become endemic since the 1990s? What is it about global political economic policies, protracted warfare, and migration rules and patterns that have so systemically increased these extreme forms of vulnerability? Why have intellectual communities largely ignored or fundamentally rejected the concepts of statelessness and contemporary enslavement? This book argues that statelessness and enslavement are not aberrations or radical exceptions. They have been and are endemic to Euromodern state systems. While victims are discrete outcomes of similar processes of the racialized debasement of citizenship, stateless people share the predicament of those most likely to be enslaved and the enslaved, even when formally free, often face situations of statelessness. Gordon identifies forcible inclusion of semi-sovereign nations, extralegal expulsion of people who cannot be repatriated, and the concentrated erosion of the rights of full-fledged citizens as the primary modes through which people experience degrees of statelessness. She argues for the political value of seeing the connections among these discrete forms. With enslavement, she insists that while the centuries-long practice has taken on some new guises necessary to its profitability in the current global economy, what and who it involves have remained remarkably consistent. Rather than focusing on slavery as a radical and exceptional extreme of abuse or coercion, Gordon contends that we can understand contemporary slavery’s specificity most usefully through considering its defining dimensions together with those of wage laborers and guest workers. Gordon concludes that appreciation of the situation of the stateless and of the enslaved should fundamentally orient our thinking about viable contemporary conceptions of consent and of the kinds of twenty-first-century political institutions that would make it harder for some to make the vulnerability of others so lucrative.


East Asian Labor and Employment Law

East Asian Labor and Employment Law

Author: Ronald C. Brown

Publisher: Cambridge University Press

Published: 2012-03-05

Total Pages: 571

ISBN-13: 1107379482

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This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).