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International Law and Contemporary Forms of Slavery: an Economic and Social Rights-Based Approach A
Penn State International Law Review Volume 23 Article 15 Number 4 Penn State International Law Review 5-1-2005 International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam Follow this and additional works at: http://elibrary.law.psu.edu/psilr Recommended Citation Rassam, A. Yasmine (2005) "International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach," Penn State International Law Review: Vol. 23: No. 4, Article 15. Available at: http://elibrary.law.psu.edu/psilr/vol23/iss4/15 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. I Articles I International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam* I. Introduction The prohibition of slavery is non-derogable under comprehensive international and regional human rights treaties, including the Universal Declaration of Human Rights'; the International Covenant on Civil and * J.S.D. Candidate, Columbia University School of Law. LL.M. 1998, Columbia University School of Law; J.D., magna cum laude, 1994, Indiana University, Bloomington; B.A. 1988, University of Virginia. I would like to thank the Columbia Law School for their financial support. I would also like to thank Mark Barenberg, Lori Damrosch, Alice Miller, and Peter Rosenblum for their comments and guidance on earlier drafts of this article. I am grateful for the editorial support of Clara Schlesinger. -
Contemporary Slavery and Its Definition In
Contemporary Slavery 2 and Its Definition in Law Jean Allain Had Olaudah Equiano, Abraham Lincoln, or William Wilberforce been able to look into the future to the twenty-first century, what they may have been most struck by was not how far we had come in ending slav- ery and suppressing human exploitation but, rather, that we had yet to agree on what in fact the term “slavery” means. This is a rather intrigu- ing puzzle, as a consensus has existed for more than eighty-five years among states as to the legal definition of slavery. Yet, this definition has failed to take hold among the general public or to “speak” to those in- stitutions interested in the ending of slavery. At first blush, this is not so hard to understand since the definition, drafted in the mid-1920s by legal experts, is rather opaque and seems to hark back to a bygone era. The definition found in the 1926 Slavery Convention reads: “Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership is exercised.”1 At first sight, the definition really does not convey much to the reader, but for the fact that it appears to require that a person own another. As the ownership of one person by another has been legislated out of existence – again – it appears that this definition would have no traction in the contemporary world. Yet, this is not so since the legal definition of slavery established in 1926 has been confirmed twice: first, by being included in substance in the 1956 Supplementary Convention Contemporary Slavery -
Home Guard: the Forces to Meet the Expected French Invasions / 1
The Napoleon Series Home Guard: 1805 HOME GUARD: THE FORCES TO MEET THE EXPECTED FRENCH INVASION / 1 SEPTEMBER 1805 The Peace of Amiens lasted 14 months, until Britain declared war on France on 18 May 1803. Napoleon turned his attention to invading England, saying: "All my thoughts are directed towards England. I want only for a favourable wind to plant the Imperial Eagle on the Tower of London." He started to assemble an expeditionary force at Boulogne. The invasion scare started in the middle of 1803. In the next six months, the British government's call for volunteers to resist an invasion was met with a massive response; within a few weeks 280,000 men had volunteered, and the government was unprepared for this numbers of volunteers. The Invasion Scare lasted for roughly two years. Britain’s ‘Home Guard’ of an earlier era watched the coast of France nervously as the Emperor Napoleon assembled a vast armed camp centred on Boulogne, and named them the ‘Army of England’. On 26 August 1805, in response to dramatically changing political events in the east, the Emperor Napoleon ordered Marechal Berthier to send the newly-christened Grande Armèe on a line of march eastwards, ultimately towards Ulm, Vienna and the foggy hills of Austerlitz. Some 180,000 French troops left Boulogne. The Invasion Scare was over. The British Army to repel such an invasion, had it come, was as follows. Many of the General Officers were tasked with commanding the numerous Militia and Volunteer units, and seemingly often held multiple commands. This article, drawn from wide variety of articles and not all of a common date, presents as close a picture as can be discovered of the organisation and location of the regulars, militia and volunteers in the week Napoleon turned east. -
The Child's Right to Participation – Reality Or Rhetoric? 301 Pp
The Child’s Right to Participation – Reality or Rhetoric? The Child’s Right to Participation – Reality or Rhetoric? Rebecca Stern Dissertation presented at Uppsala University to be publicly examined in Grotiussalen, Uppsala, Friday, September 22, 2006 at 10:15 for the degree of Doctor of Laws. The examination will be conducted in English. Abstract Stern, R. 2006. The Child's Right to Participation – Reality or Rhetoric? 301 pp. Uppsala. ISBN 91-506-1891-1. This dissertation examines the child’s right to participation in theory and practice within the context of the United Nations Convention on the Rights of the Child and other international human rights instruments. Article 12 of the Convention establishes the right of the child to express views and to have those views respected and properly taken into consideration. The emphasis of the study is on the democracy aspects of child participation and on how the implementation of the right to participation could become more effective. For these purposes, the theoretical underpinnings of the child’s right to participation are examined with a particular focus on the impact of power structures. In order to clarify how state parties to the Convention have implemented article 12 and the way they argue regarding possible obstacles for implementation, jurisprudence and case law (practice) of the Committee on the Rights of the Child, as well as supervisory bodies of other international human rights instruments, are studied. In particular, the importance of traditional attitudes towards children on the realisation of participation rights for children is analysed. The case of India is presented as an example of how a state party to the Convention can argue on this matter. -
Unfree Labor, Capitalism and Contemporary Forms of Slavery
Unfree Labor, Capitalism and Contemporary Forms of Slavery Siobhán McGrath Graduate Faculty of Political and Social Science, New School University Economic Development & Global Governance and Independent Study: William Milberg Spring 2005 1. Introduction It is widely accepted that capitalism is characterized by “free” wage labor. But what is “free wage labor”? According to Marx a “free” laborer is “free in the double sense, that as a free man he can dispose of his labour power as his own commodity, and that on the other hand he has no other commodity for sale” – thus obliging the laborer to sell this labor power to an employer, who possesses the means of production. Yet, instances of “unfree labor” – where the worker cannot even “dispose of his labor power as his own commodity1” – abound under capitalism. The question posed by this paper is why. What factors can account for the existence of unfree labor? What role does it play in an economy? Why does it exist in certain forms? In terms of the broadest answers to the question of why unfree labor exists under capitalism, there appear to be various potential hypotheses. ¾ Unfree labor may be theorized as a “pre-capitalist” form of labor that has lingered on, a “vestige” of a formerly dominant mode of production. Similarly, it may be viewed as a “non-capitalist” form of labor that can come into existence under capitalism, but can never become the central form of labor. ¾ An alternate explanation of the relationship between unfree labor and capitalism is that it is part of a process of primary accumulation. -
Analysis of the Definition of Trafficking in Human Beings in the Palermo Protocol
Analysis of the definition of trafficking in human beings in the Palermo Protocol October 2005 Marjan Wijers (LL.M, MA) Table of content General introduction Part I The Palermo Protocol 1. Introduction 2. Definition of trafficking in human beings in the Palermo Protocol 3. Background 4. The concept of “exploitation” 5. Relation between trafficking in human beings and prostitution 5.1 The concept of forced prostitution: can prostitutes be trafficked? 6. The issue of consent 7. Relation between trafficking in human beings and smuggling 8. Relation between trafficking in human beings and the forced labour or slavery-like outcomes of trafficking 9. Relation with the parent Convention: the crossing of borders and the involvement of organised crime 10. Intent, attempting, participating, organising and directing 11. Definition of victim Part II Explanation of the different elements of the definition 1. Introduction 2. The “acts” 3. The “means” 3.1 The issue of consent 4. The “purposes”: the concept of exploitation Exploitation of the prostitution of others and sexual exploitation Removal of organs Illegal adoption Part III Interpreting the Protocol: meaning and interpretation of the various prohibitions on forced labour, slavery and related practices 1. Introduction 2. Universal Declaration on Human Rights, 1948 2 3. Slavery Convention, 1926, amended by Protocol, 1953 4. UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Practices similar to Slavery, 1956 5. International Covenant on Civil and Political Rights (ICCPR), 1966 6. ILO Conventions on Forced Labour No. 29, 1930, and No. 105, 1957 7. Convention on the Rights of the Child, 1989 8. -
George Canning and the Representation of Liverpool, 1812-1823 1
'The Pride of my Publick Life': George Canning and the Representation of Liverpool, 1812-1823 1 Stephen M. Lee I George Canning (1770-1827) was one of the most significant figures on the Pittite side of British politics in the first three decades of the nineteenth century, and his successful campaign for a seat at Liverpool in 1812 both illustrated and contributed to the profound changes that his political career underwent during this period. Sandwiched between his failure to return to office in May-July 1812 following the assassination of Spencer Perceval and his decision to disband his personal following (his 'little Senate') in July i8i3,2 this campaign marked for Canning a turn away from the aristocratic political arena of Westminster, which he had come to find so frustrating, towards a political culture which, if at first alien, was replete with new possibilities. Moreover, Canning's experience as representative for Liverpool was indicative of wider changes in the political landscape of early nineteenth-century Britain. Before considering in detail some of the key aspects of Canning's outward turn, however, it will be useful to offer a brief description of the constituency of Liverpool and a short account of the elections that Canning fought there.3 1 This article is a revised version of chapter 3 of Stephen M. Lee, 'George Canning and the Tories, 1801-1827' (unpuh. Ph.D. thesis, Manchester Univ., 1999), PP- 93-128. 2 For a consideration of these two important episodes see Lee, 'Canning and the Tories', pp. 81-91. 1 Unless otherwise stated the following summary of the politics of Liverpool is 74 Stephen M. -
Seasons in Hell: Charles S. Johnson and the 1930 Liberian Labor Crisis Phillip James Johnson Louisiana State University and Agricultural and Mechanical College
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2004 Seasons in hell: Charles S. Johnson and the 1930 Liberian Labor Crisis Phillip James Johnson Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the History Commons Recommended Citation Johnson, Phillip James, "Seasons in hell: Charles S. Johnson and the 1930 Liberian Labor Crisis" (2004). LSU Doctoral Dissertations. 3905. https://digitalcommons.lsu.edu/gradschool_dissertations/3905 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. SEASONS IN HELL: CHARLES S. JOHNSON AND THE 1930 LIBERIAN LABOR CRISIS A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of History by Phillip James Johnson B. A., University of New Orleans, 1993 M. A., University of New Orleans, 1995 May 2004 ACKNOWLEDGEMENTS My first debt of gratitude goes to my wife, Ava Daniel-Johnson, who gave me encouragement through the most difficult of times. The same can be said of my mother, Donna M. Johnson, whose support and understanding over the years no amount of thanks could compensate. The patience, wisdom, and good humor of David H. Culbert, my dissertation adviser, helped enormously during the completion of this project; any student would be wise to follow his example of professionalism. -
Sexual Slavery and the Comfort Women of World War II
Sexual Slavery and the "Comfort Women" of World War II* By Carmen M. Argibay** I. INTRODUCTION International law prohibited slavery well before the Japanese army created "comfort stations" during World War II. Slavery, correctly defined, is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.1 Slavery is often equated with forced labor or deprivation of liberty; however, sexual autonomy is a power attaching to the right of ownership of a person, and controlling another person's sexuality is, therefore, a form of slavery. The Japanese "comfort system" combined these forms of control. In addition to restricting its victims' freedom of movement, it forced them to perform sexual labor. Thus, it constituted a system of slavery that violated international law. The treaties and customary law that provide the basis for criminalizing slavery have used different language in their attempts to define the crime. As both the Special Rapporteur to the UN Commission on Human Rights and the ITCY have recognized, however, the language of the 1926 Slavery Convention, by focusing on the exercise of the rights of ownership, provides the best defini- tion of slavery and one that encompasses sexual slavery. The recent Rome Stat- ute of the International Criminal Court (ICC), 2 on the other hand, adopts a definition of sexual slavery that emphasizes commercial trafficking and depriva- tion of liberty, rather than control over sexuality. Although the Rome Statute * I must start by thanking all the people who contributed to the Women's War Crimes International Tribunal (Tokyo Tribunal 2000) and who invited me to participate as a Judge. -
The Literary and Cultural Significance of the Early
THE LITERARY AND CULTURAL SIGNIFICANCE OF THE EARLY ROXBURGHE CLUB PhD 2015 Shayne Felice Husbands This thesis is being submitted in partial fulfillment of the requirements for the degree of PhD. Signed ………………………………… Date ………………………… This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by explicit references. The views expressed are my own. Signed ………………………………… Date ………………………… This work has not been submitted in substance for any other degree or award at this or any other university or place of learning, nor is being submitted concurrently in candidature for any degree or other award. Signed ………………………………… Date ………………………… I hereby give consent for my thesis, if accepted, to be available online in the University’s Open Access repository and for inter-library loans after expiry of a bar on access previously approved by the Academic Standards & Quality Committee. Signed ………………………………… Date ………………………… ii ACKNOWLEDGEMENTS My sincere gratitude is owed to Professor Helen Phillips for her unfailingly erudite guidance and support over what has proved to be a very long haul. This thesis would not have been completed without her immense kindness and encouragement. Many thanks also to Dr Rob Gossedge for his valuable insights, advice and humour, and to Dr Anthony Mandal and Professor Stephen Knight for their counsel at strategic points. Much appreciation is also due to Rhian Rattray for her kindness and for being efficient on the many occasions when I was not. I am grateful for the financial assistance offered by ENCAP which has contributed to the presentation of papers based on my research at Exeter and Leeds, and towards research trips to Oxford, Cambridge and London. -
1 the UNIVERSITY of HULL Power and Persuasion: the London West India Committee, 1783-1833 Thesis Submitted for the Degree Of
THE UNIVERSITY OF HULL Power and Persuasion: The London West India Committee, 1783-1833 Thesis submitted for the Degree of Doctor of Philosophy University of Hull by Angelina Gillian Osborne BA (American International College) MA (Birkbeck College, University of London) September 2014 1 Abstract In 1783 the West India interest – absentee planters, merchants trading to the West Indies and colonial agents - organised into a formal lobbying group as a consequence of the government’s introduction of colonial and economic policies that were at odds with its political and economic interests. Between 1783 and 1833, the London West India Committee acted as political advocates for the merchant and planter interest in Britain, and the planters residing in the West Indies, lobbying the government for regulatory advantage and protection of its monopoly. This thesis is a study of the London West India Committee. It charts the course of British anti-abolition through the lens of its membership and by drawing on its meeting minutes it seeks to provide a more comprehensive analysis of its lobbying strategies, activities and membership, and further insight into its political, cultural and social outlook. It explores its reactions to the threat to its political and commercial interests by abolitionist agitation, commercial and colonial policy that provoked challenges to colonial authority. It argues that the proslavery position was not as coherent and unified as previously assumed, and that the range of views on slavery and emancipation fractured consensus among the membership. Rather than focus primarily on the economic aspects of their lobbying strategy this thesis argues for a broader analysis of the West India Committee’s activities, exploring the decline of the planter class from a political perspective. -
Refugee Protection and Human Trafficking
Refugee Protection and Human Trafficking Selected Legal Reference Materials First Edition – December 2008 Cover Photo: UNHCR/G.M.B.Akash/June 2006 2 Refugee Protection and Human Trafficking Selected Legal Reference Materials First Edition – December 2008 Protection Policy and Legal Advice Section (PPLAS) Division of International Protection Services (DIPS), UNHCR 3 Acknowledgements: This binder has been compiled with the assistance of Tony Navaneelan, PPLAS intern. Edited by the Status Determination and Protection Information Section. 4 TABLE OF CONTENTS Introduction ............................................................................................................................ 11 Note on Terminology .............................................................................................................13 PART I: UNIVERSAL INSTRUMENTS AND POLICY RELATING TO HUMAN TRAFFICKING..................................................................................... 17 INTERNATIONAL CRIMINAL LAW...................................................................... 19 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000) [“Anti-Trafficking Protocol”] ................................. 21 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (2000) [“Anti-Smuggling Protocol”]........................................................