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SLAVERY and ITS CONSEQUENCE UNDER INTERNATIONAL LAW

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SLAVERY and ITS CONSEQUENCE UNDER INTERNATIONAL LAW SLAVERY and ITS CONSEQUENCE UNDER INTERNATIONAL LAW Dissertation zur Erlangung des Doktorgrades an der Fakultät Rechtswissenschaft der Universität Hamburg Vorgelegt von Miki Egba Hannover, 2004 Erstgutachter: Prof. Dr. Stefan Oeter Zweitgutachter: Prof. Dr. Kotzur Tag der mündlichen Prüfung: 29. Oktober 2014 Acknowledgement Of God’s spiritual guidance throughout the writing of this thesis. Special thanks to my Doctor-Father, Professor Dr. Stefan Oeter, whose supervision and the materials he provided for the completion of the final thesis were indispensable and immeasurable. I must confess that without his outstanding support, this doctorate thesis would not have taken its proper expected shape. Thanks also to Professor Dr. Doris König (a woman of great wisdom), who recognized my ability to write this doctor thesis and thereafter supported me. I must also recognise my fiancé, Sandra Baumann, whose spiritual support to this thesis, propelled me to the end. And also Miss Aminat Temitope Assan, for her assistance in all the complicated and difficult departments of the thesis. Table of Content Acknowledgement Book One ............................................................................................................................ 1 Chapter I: Evaluation and Analysis of the word “Slavery” ......................... 2 1. Introduction…... ...................................................................................................... 2 1.1 Definition of the term Slavery (Concepts and Semantics) ................................... 8 1.2 The Philological Interpretation of Slavery ...........................................................20 1.3 Biological Determinism .......................................................................................24 1.4 Manumission ......................................................................................................26 1.5 Conclusion ..........................................................................................................28 Chapter II: Slavery as an Ancient Institution of all Cultures; the Historical Development of Slavery: Slavery in Ancient Egypt, Slavery in the Fertile Crescent, Slavery in Ancient Greece, Slavery in Ancient Rome, The Atlantic Triangular Slave Trade, Modus operandi and Philology, Islam and Christianity as Forerunners to Commercialised Slavery. ..............................................................................................29 2. Introduction ............................................................................................................29 2.1 Ancient Sources of slavery .................................................................................31 2.2 The modus operandi and topology .....................................................................34 2.3 Slavery in Ancient Egypt .....................................................................................35 2.4 Slavery in Fertile Crescent .................................................................................40 2.5 Slavery in Ancient Greece ..................................................................................44 2.6 Slavery in Ancient Rome ....................................................................................45 2.7 Religion: Forerunner of Commercialised Slavery and Comparison of Slavery Movement and the Treatment of Slaves .............................................................48 2.7.1 Introduction ..................................................................................................48 Page i 2.7.2 Biblical Facts ................................................................................................48 2.7.3 The Essence of Islam and the Role of Muslims in Slavery and Slave Trade…... .......................................................................................................52 2.8 The Historical dimension of the Atlantic Slave Trade and the Middle Passage (1440-1850) ........................................................................................................59 2.9 The Slave Trade, Development of Colonial Plantation Economy and Exploitation…………………………….………………………………………………61 2.10 The Organizational Astuteness of the Slave Trade ............................................65 2.11 The Fundaments of Atlantic Slave Trade and Current Debates .........................68 2.11.1 Introduction ...................................................................................................68 2.11.2 Historical Background ...................................................................................68 2.11.2.1 Effective Demand ...................................................................................70 2.11.2.2 Source of Profit .......................................................................................72 2.11.3 The Impact of the Slave Trade ......................................................................73 2.12 Statistics .............................................................................................................77 2.13 Modern Slavery ..................................................................................................79 2.13.1 Introduction ..................................................................................................79 2.13.2 Statistics of Modern Slavery .........................................................................79 2.14 Summary and Conclusion ..................................................................................81 Chapter III: Racism and Cultural Difference as the Motive for African Slavery .......84 3. Historical Background ..............................................................................................84 3.1 Conclusion .............................................................................................................91 Book Two .......................................................................................................................96 Chapter IV: Historical Background, Economic, Social, Political Aspects of Atlantic Slavery and Slave Trade and its Legal Implications ..................................................97 Page ii 4. Introduction ..............................................................................................................97 4.1 The Consequences of Atlantic Slavery on African Economies ...........................101 4.2 The strategy of Effective Demand ......................................................................105 4.3 The Case study of Asante (today’s Ghana) ........................................................112 4.4 Summary ............................................................................................................115 Chapter V: The sanctity of Natural Law and Human Rights ....................................116 5. Introduction .........................................................................................................116 5.1 Definition ............................................................................................................116 5.2 Historical Background of Natural Law .................................................................118 5.3 The Role of Natural Law and its Analysis and Exponents ..................................121 5.3.1 Thomas Hobbes’ Natural Law ....................................................................121 5.3.2 Contemporary Philosophy; Hugo Grotius ...................................................122 5.3.3 Comparative Jurisprudence .......................................................................123 5.4 The Role of Natural Law/International Law in the Lives of People as Propounded by Christian Wolff ...............................................................................................124 5.5 Bartolomé de Las Casas ....................................................................................126 5.6 Francisco de Vitoria, Francisco de Suarez and the Principles of God ................130 5.7 Fransisco de Vitoria on the Theory of ius gentium ............................................ 1333 5.8 Legal Positivism and Natural Law .......................................................................134 5.9 Summary ............................................................................................................135 5.10 The Incompatibility of Law and Ethics ..............................................................136 5.11 Conclusion ........................................................................................................138 Chapter VI: The Meeting of Cultures and the Element of Pacta Sunt Servenda ....139 6. Pacta Sunt Servanda ....................................................................................139 Page iii 6.1 Historical Background ...................................................................................139 6.2 Analysis .........................................................................................................141 6.3 The Maxim of Pacta Sunt Servanda ..............................................................145 6.4 Conclusion ...................................................................................................149 Chapter VII: Radbruch's Formula of Ratio Juris, Its Logicality and the Nature of Legal Theory ..............................................................................................................151 7. Background ...........................................................................................................151
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