Slavery in International Law

Of Human Exploitation and Trafficking

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’.

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Biographical Note

Jean Allain is Professor of Public International Law, Queen’s University, Belfast; Extraordinary Professor, Human Rights Centre, University of Pretoria. He is author of A Century of International Adjudication, 2000, International Law in the Middle East, 2004, and The Slavery Conventions, 2008.

Table of contents

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.

Readership

Those interested in the current applicable law related to human exploitation including slavery. Beyond libraries and academics both in law and slavery studies; judges, prosecutors, defence counsel and labour lawyers will find Slavery in International Law of great value.

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