The Slave Trade and the Origins of International Human Rights Law

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: OUP USA

Published: 2012-01-04

Total Pages: 264

ISBN-13: 0195391624

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There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.


Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez

Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.


Slavery in International Law

Slavery in International Law

Author: Jean Allain

Publisher: Martinus Nijhoff Publishers

Published: 2012-10-12

Total Pages: 445

ISBN-13: 9004186956

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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.


Book Synopsis Slavery in International Law by : Jean Allain

Download or read book Slavery in International Law written by Jean Allain and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The President on Trial

The President on Trial

Author: Sharon Weill

Publisher: Oxford University Press, USA

Published: 2020-05-28

Total Pages: 465

ISBN-13: 0198858620

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During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hiss�ne Habr�'s security forces. Decades later, Habr� was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habr�'s trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials. This book details and contextualizes the Habr� trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hiss�ne Habr�, the book is a comprehensive consideration of a history-making trial.


Book Synopsis The President on Trial by : Sharon Weill

Download or read book The President on Trial written by Sharon Weill and published by Oxford University Press, USA. This book was released on 2020-05-28 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1980s, thousands of Chadian citizens were detained, tortured, and raped by then-President Hiss�ne Habr�'s security forces. Decades later, Habr� was finally prosecuted for his role in these atrocities not in his own country or in The Hague, but across the African continent, at the Extraordinary African Chambers in Senegal. By some accounts, Habr�'s trial and conviction by a specially built court in Dakar is the most significant achievement of global criminal justice in the past decade. Simply creating a court and commencing a trial against a deposed head of state was an extraordinary success. With its 2016 judgment, affirmed on appeal in 2017, the hybrid tribunal in Senegal exceeded expectations, working to deadlines and within its budget, with no murdered witnesses or self-dealing officials. This book details and contextualizes the Habr� trial. It presents the trial and its impact using a novel structure of first-person accounts from 26 direct actors (Part I), accompanied by academic analysis from leading experts on international criminal justice (Part II). Combined, these views present both local and international perspectives through distinct but inter-locking parts: empirical source material from understudied actors both within and outside the court is then contextualized with expert analysis that reflects on the construction and work of: the Extraordinary African Chamber (EAC) as well as wider themes of international criminal law. Together with an introduction laying out the work and significance of the EAC and its trial of Hiss�ne Habr�, the book is a comprehensive consideration of a history-making trial.


The Law and Slavery

The Law and Slavery

Author: Jean Allain

Publisher: BRILL

Published: 2015-05-19

Total Pages: 655

ISBN-13: 900427989X

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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.


Book Synopsis The Law and Slavery by : Jean Allain

Download or read book The Law and Slavery written by Jean Allain and published by BRILL. This book was released on 2015-05-19 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Trafficking in Human Beings

Trafficking in Human Beings

Author: Silvia Scarpa

Publisher: Oxford University Press on Demand

Published: 2008

Total Pages: 257

ISBN-13: 0199541906

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This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.


Book Synopsis Trafficking in Human Beings by : Silvia Scarpa

Download or read book Trafficking in Human Beings written by Silvia Scarpa and published by Oxford University Press on Demand. This book was released on 2008 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.


The Legal Understanding of Slavery

The Legal Understanding of Slavery

Author: Jean Allain

Publisher: OUP Oxford

Published: 2012-09-27

Total Pages: 416

ISBN-13: 0191645354

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"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.


Book Synopsis The Legal Understanding of Slavery by : Jean Allain

Download or read book The Legal Understanding of Slavery written by Jean Allain and published by OUP Oxford. This book was released on 2012-09-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.


The Slave Trade, Abolition and the Long History of International Criminal Law

The Slave Trade, Abolition and the Long History of International Criminal Law

Author: Emily Haslam

Publisher: Routledge

Published: 2019-09-20

Total Pages: 271

ISBN-13: 0429791097

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Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.


Book Synopsis The Slave Trade, Abolition and the Long History of International Criminal Law by : Emily Haslam

Download or read book The Slave Trade, Abolition and the Long History of International Criminal Law written by Emily Haslam and published by Routledge. This book was released on 2019-09-20 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.


The International Law of Human Trafficking

The International Law of Human Trafficking

Author: Anne T. Gallagher

Publisher: Cambridge University Press

Published: 2010-09-30

Total Pages:

ISBN-13: 1139492071

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Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.


Book Synopsis The International Law of Human Trafficking by : Anne T. Gallagher

Download or read book The International Law of Human Trafficking written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2010-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.


Human Trafficking and Slavery Reconsidered

Human Trafficking and Slavery Reconsidered

Author: Vladislava Stoyanova

Publisher: Cambridge University Press

Published: 2017-03-16

Total Pages: 513

ISBN-13: 1107162289

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An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.


Book Synopsis Human Trafficking and Slavery Reconsidered by : Vladislava Stoyanova

Download or read book Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.


Politics and the Histories of International Law

Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.


Book Synopsis Politics and the Histories of International Law by :

Download or read book Politics and the Histories of International Law written by and published by BRILL. This book was released on 2021-07-19 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.