The Law and Slavery

Prohibiting Human Exploitation

Author: Jean Allain
The Law and Slavery sets out the articles, book reviews and case notes by Professor Jean Allain which led to pioneering exploration of forced labour, servitudes, slavery, the slave trade, and trafficking in his 2013 Slavery in International Law: Of Human Exploitation and Trafficking (MNP).

This collection brings together Professor Allain’s considerations of the evolution of legal abolition internationally, his critique of the then status quo in the area of slavery and the law, and goes on to develop the foundations of a legal understanding of various servitudes and slavery based on his archival research and legal analysis. Professor Allain’s research has transformed the landscape of how we understand contemporary slavery and those other servitudes which constitute human exploitation.

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Jean Allain is Professor of Public International Law at Queen’s University, Belfast and Extraordinary Professor at the University of Pretoria. His books related to human exploitation include The Slavery Conventions (MNP, 2008) and his ground breaking Slavery in International Law (MNP, 2013).
Excerpt of table of contents:
Preface; Acknowledgements; Introduction;
Section 1: The Evolution of Abolition
Chapter 1: What We Know Today: A Contemporary Understanding of the Atlantic Slave Trade
Chapter 2: Nineteenth Century Law of the Sea and the British Abolition of the Slave Trade
Chapter 3: Fyodor Martens and the Question of Slavery at 1890 Brussels Conference
Chapter 4: Slavery and the League of Nations: Ethiopia as a Civilised Nation
Chapter 5: The International Legal Regime of Slavery and Human Exploitation and its Obfuscation by the Term of Art: ‘Slavery-Like Practice’
Section 2: Challenging the Status Quo
Chapter 6: A Review: Understanding Global Slavery: A Reader by Kevin Bales
Chapter 7: A Review of Trafficking in Human Beings: Modern Slavery by Silvia Scarpa
Chapter 8: A Case Note of Hadijatou Mani Koraou v. Republic of Niger
Chapter 9: A Case Note of Rantsev v. Cyprus and Russia
Chapter 10: Immanent Critique: International Law and the Dubious Case-Law on Slavery
Chapter 11: A Review of The Slave Trade and the Origins of International Human Rights Law by Jenny Martinez
Chapter 12: Review of Colonialism, Slavery, Reparations and Trade: Remedying the Past? edited by Fernne Brennan and John Packer
Chapter 13: No Effective Trafficking Definition Exists: Domestic Implementation of the Palermo Protocol
Section 3: Servitude and Forced Labour
Chapter 14: On the Curious Disappearance of Human Servitude from General International Law
Chapter 15: Sham Adoption: The DNA of a Conventional Servitude
Chapter 16: Exploitation and Labour in International Law
Section 4: Slavery
Chapter 17: A Legal Consideration ‘Slavery’ in Light of the Travaux Préparatoires of the 1926 Convention
Chapter 18: The Definition of ‘Slavery’ in General International Law and the Crime of Enslavement within the Rome Statute
Chapter 19: Case Note of The Queen v. Tang
Chapter 20: When Forced Marriage is Slavery
Chapter 21: Property Law and the Definition of Slavery – Jean Allain and Robin Hickey
Chapter 22: Slavery and its Definition – Jean Allain and Kevin Bales
Appendices; Index.
Of interest to those consideration issues of slavery and trafficking, and more specifically, to those who interact with these subjects through the law and policy.