Slavery in international law : of human exploitation and trafficking

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Slavery in international law : of human exploitation and trafficking

by Jean Allain

Martinus Nijhoff, 2013

  • : hardback

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

With the advent, in the twenty-first century, of the trafficking conventions and the criminalisation of enslavement before the International Criminal Court, the need to establish the black-letter law dealing with human exploitation has become acute. Slavery in International Law sets out the applicable law of human exploitation in the various sub-areas of international law, including general international law, human rights law, humanitarian law, labour law and the law of the sea; so as to create an overall understanding of what constitutes, in law, slavery and lesser types of human exploitation including: forced labour and servitudes such as debt bondage or servile marriage, as set out in the established definition of `trafficking in persons'.

目次

  • Preface
  • Acknowledgments
  • Introduction
  • Chapter 1: Of Slavery and the Law of Nations From Ancient to Modern International Law during the Age of Discovery Conclusion Chapter 2: The Slave Trade Towards Abolition of the Slave Trade Abolition of the Slave Trade in the Nineteenth Century Abolition of the Slave Trade in the Twentieth Century The 1926 Slavery Convention The United Nations International Law Commission The 1956 Supplementary Convention The 1958 Convention on the High Seas and the 1982 Law of the Sea Convention Conclusion Chapter 3: Slavery The Legislative History of the Definition of Slavery The Content of the Definition of Slavery `The Powers Attaching to the Right of Ownership' Conclusion Chapter 4: Servitude or `Institutions or Practices Similar to Slavery' Providing Clarity to Servitude `Servitude' The 1956 Supplementary Convention Debt Bondage Serfdom Servile Marriage Bride Purchase Wife Transfer Widow Inheritance Child Trafficking Conclusion Chapter 5: Forced or Compulsory Labour Contextualising Forced Labour The Evolution of Forced or Compulsory Labour in Law 1926 Slavery Convention 1930 Forced Labour Convention Article 2(1) - The Definition of Forced or Compulsory Labour Article 2(2) - The Exceptions to the Definition of Forced or Compulsory Labour Article 2(2)(a) - Military Service Article 2(2)(b) and (e) - Civic Obligations Article 2(2)(c) - Penal Labour Article 2(2)(d) - Emergencies 1957 Abolition of Forced Labour Convention Article 1(a) - Means of Political Coercion Article 1(b) - Method of Economic Development Article 1(c) - Means of Labour Discipline Article 1(d) - Punishment for Strikes Article 1(e) - Means of Discrimination Forced or Compulsory Labour as a Jus Cogens Norm? Conclusion Chapter 6: Enslavement The Evolution of Enslavement in International Criminal Law The International Law Commission International Criminal Tribunal for the former Yugoslavia Enslavement and the Statute of the International Criminal Court Similar Deprivations of Liberty Trafficking in Persons Special Court for Sierra Leone Conclusion Chapter 7: Forced Marriage: Slavery qua Enslavement and the Civil War in Sierra Leone Sierra Leone The Brima case Forced Marriage as Slavery Servile Marriage in War and Peace Conclusion Chapter 8: Of the Removal of Organs, Prostitution, and the Regime of Trafficking Trafficking in Persons for the Removal of Organs The Evolution of the Regime of Trafficking `Exploitation of the Prostitution of Others or Other Forms of Sexual Exploitation' The Overall Definition of Trafficking in Persons The Legal Regime of Trafficking Conclusion Appendices: Bellagio-Harvard Guidelines on the Parameters of Slavery 1926 Slavery Convention 1930 Forced Labour Convention 1956 Supplementary Convention 1957 Abolition of Forced Labour Convention 2000 Palermo Protocol Index.

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