State Responsibility For ʻmodern Slaveryʼ In Human Rights Law
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State Responsibility for 'modern Slavery' in Human Rights Law by Marija Jovanović Pdf
Do humans have a right not to be trafficked? This book examines the legal nature of human trafficking and its relationship with human rights law. Drawing on the jurisprudence of the European Court of Human Rights, it shows that human trafficking is indeed a human rights violation requiring legislative and institutional responses from states.
State Responsibility for ʻModern Slaveryʼ in Human Rights Law by Marija Jovanovic Pdf
What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the ‘absolute’ nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.
Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
“The best book ever written on human trafficking for sexual exploitation”—the basis for the feature film, Trafficked, starring Ashley Judd (Kevin Bales, president of Free the Slaves). Every year, hundreds of thousands of women and children are abducted, deceived, seduced, or sold into forced prostitution. These trafficked sex slaves form the backbone of one of the world’s most profitable illicit enterprises and generate huge profits for their exploiters, for unlike narcotics, which must be grown, harvested, refined, and packaged, sex slaves require no such “processing,” and can be repeatedly “consumed.” In this book, Kara provides a riveting account of his four-continent journey into this unconscionable industry, sharing the moving stories of its victims and revealing the shocking conditions of their exploitation. He draws on his background in finance, economics, and law to provide the first ever business analysis of contemporary slavery worldwide, focusing on its most profitable and barbaric form: sex trafficking. Kara describes the local factors and global economic forces that gave rise to this and other forms of modern slavery over the past two decades and quantifies, for the first time, the size, growth, and profitability of each industry. Finally, he identifies the sectors of the sex trafficking industry that would be hardest hit by specifically designed interventions and recommends the specific legal, tactical, and policy measures that would target these vulnerable sectors and help to abolish this form of slavery, once and for all. The author will donate a portion of the proceeds of this book to the anti-slavery organization, Free the Slaves. “Sex trafficking is more of a problem than most people realize. Read this well-written book and find out.”—Kirk Douglas
Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
Author : Jonathan Rauch Publisher : University of Chicago Press Page : 215 pages File Size : 41,8 Mb Release : 2013-10-01 Category : Law ISBN : 9780226130552
The classic “compelling defense of free speech against its new enemies” now in an expanded edition with a foreword by George F. Will (Kirkus Reviews). “A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will.” So writes Jonathan Rauch in Kindly Inquisitors, which has challenged readers for decades with its provocative analysis of attempts to limit free speech. In it, Rauch makes a persuasive argument for the value of “liberal science” and the idea that conflicting views produce knowledge within society. In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will explores the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, the regulation of hate speech has grown both domestically and internationally. But the answer to prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process, Rauch argues, that will enable our society to replace hate with knowledge, both ethical and empirical.
Author : Mark R. Levin Publisher : Simon and Schuster Page : 286 pages File Size : 46,9 Mb Release : 2006-09-25 Category : Political Science ISBN : 9781596980327
"A modern conservative classic." - Sean Hannity "Men in Black couldn’t be more timely or important….a tremendously important and compelling book.” - Rush Limbaugh “One of the finest books on the Constitution and the judiciary I’ve read in a long time….There is no better source for understanding and grasping the seriousness of this issue.” - Edwin Meese III “The Supreme Court has broken through the firewalls constructed by the framers to limit judicial power.” “America’s founding fathers had a clear and profound vision for what they wanted our federal government to be,” says constitutional scholar Mark R. Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In Men in Black: How the Supreme Court Is Destroying America, Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights. Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.
Abolishing Slavery and Its Contemporary Forms by David S. Weissbrodt Pdf
The right of all individuals to be free from slavery is a basic human right, yet despite a widely held belief to the contrary, slavery in its various forms continues to exist. This report reviews the history and development of international law against slavery and the progress made to combat contemporary forms of slavery and other related practices. It considers forms of slavery such as serfdom, forced labour, debt bondage, migrant workers, trafficking in persons, prostitution, forced marriage and sale of wives, child labour and other issues, as well as discussing the need to improve international monitoring mechanisms.
The Oxford Handbook of International Human Rights Law by Dinah Shelton Pdf
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
Islamic Law and International Human Rights Law by Anver M. Emon,Mark Ellis,Benjamin Glahn Pdf
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Author : Steven R. Ratner,Jason S. Abrams Publisher : Oxford University Press, USA Page : 486 pages File Size : 42,9 Mb Release : 2001 Category : Crimes against humanity ISBN : 9780199248339
Accountability for Human Rights Atrocities in International Law by Steven R. Ratner,Jason S. Abrams Pdf
"More than a half century after the Nuremberg and Tokyo trials, nations around the world are increasingly grappling with the need to hold individuals accountable for human rights atrocities. In this innovative book, now in its second edition, Steven R. Ratner and Jason S. Abrams offer a comprehensive study of the promises and limitations of individual accountability as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide, crimes against humanity, and war crimes, and go on to appraise the range of prosecutorial and other mechanisms for holding abusers responsible. The authors conclude with a series of compelling conclusions about the future of accountability. The second edition includes developments since 1997, including new domestic prosecutions and truth commissions, the work of the UN's Yugoslavia and Rwanda tribunals, and the International Criminal Court"--Unedited summary from book cover.
The United Nations and Human Rights by Frédéric Mégret,Philip Alston Pdf
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
