There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
This book details and contextualizes the trial of Hissène Habré, who was prosecuted by a court in Senegal for his role in atrocities committed against Chadian citizens during the 1980s. It employs an innovative combination of first-person accounts from direct actors and academic analysis from leading experts on international criminal justice.
This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
The Law and Slavery delivers Professor Jean Allain's foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.
Slavery is illegal throughout the world, yet more than twenty-seven million people are still trapped in one of history's oldest social institutions. Kevin Bales's disturbing story of slavery today reaches from brick kilns in Pakistan and brothels in Thailand to the offices of multinational corporations. His investigation of conditions in Mauritania, Brazil, Thailand, Pakistan, and India reveals the tragic emergence of a "new slavery," one intricately linked to the global economy. The new slaves are not a long-term investment as was true with older forms of slavery, explains Bales. Instead, they are cheap, require little care, and are disposable. Three interrelated factors have helped create the new slavery. The enormous population explosion over the past three decades has flooded the world's labor markets with millions of impoverished, desperate people. The revolution of economic globalization and modernized agriculture has dispossessed poor farmers, making them and their families ready targets for enslavement. And rapid economic change in developing countries has bred corruption and violence, destroying social rules that might once have protected the most vulnerable individuals. Bales's vivid case studies present actual slaves, slaveholders, and public officials in well-drawn historical, geographical, and cultural contexts. He observes the complex economic relationships of modern slavery and is aware that liberation is a bitter victory for a child prostitute or a bondaged miner if the result is starvation. Bales offers suggestions for combating the new slavery and provides examples of very positive results from organizations such as Anti-Slavery International, the Pastoral Land Commission in Brazil, and the Human Rights Commission in Pakistan. He also calls for researchers to follow the flow of raw materials and products from slave to marketplace in order to effectively target campaigns of "naming and shaming" corporations linked to slavery. Disposable People is the first book to point the way to abolishing slavery in today's global economy. All of the author's royalties from this book go to fund anti-slavery projects around the world.
Establishing the drafting history of the 1926 and 1956 Slavery Conventions, this book sets out the legal parameters of slavery and provides insights into the legal obligations undertaken by States as they were understood at the time of negotiation.