Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery

Kotiswaran, Prabha (King's College London)

Cambridge University Press






15 a 20 dias

Set apart from related literature, this collection anchors trafficking debates in transnational legal theory. Whilst addressing the tensions in the implementation of the Palermo protocols, it exemplifies a labor approach to trafficking and elaborates on what this paradigm shift means in comparison to a human rights or criminal justice approach.
Introduction. From sex panic to extreme exploitation: revisiting the law of 'human trafficking' Prabha Kotiswaran; Part I. Revisiting the Text and Context of Article 3: 1. Trafficked and exploited: the urgent need for coherence in international law Michael Dottridge; 2. The international legal definition 'trafficking in persons': scope and application Anne Gallagher; 3. Contemporary debt bondage, 'self-exploitation' and the limits of the trafficking definition Janie Chuang; 4. Subjectivity of coercion: workers' experiences with trafficking in the United States Denise Brennan; Part II. Anti-Trafficking Law: A Legal Realist Critique: 5. The right to locomotion? Trafficking, slavery and the state Julia O'Connell Davidson; 6. Anti-trafficking and the new indenture Janet Halley; 7. Immigration controls and 'modern-day slavery' Chantal Thomas; 8. Representing, counting, valuing: managing definitional uncertainty in the law of trafficking Kerry Rittich; Part III. Trafficking and New Forms of Governance: 9. Counting the uncountable: constructing trafficking through measurement Sally Engle Merry; 10. Addressing HIV/AIDS at the intersection of anti-trafficking and health law and policy Aziza Ahmed; 11. Brokered subjects and sexual investability Elizabeth Bernstein; Part IV. New Directions in Anti-Trafficking Law: The Rule of the ILO: 12. Raising the bar: the adoption of new ILO standards against forced labour Beate Andrees and Amanda Aikman; 13. Trafficking and forced labour: filling in the gaps with the adoption of the supplementary ILO standards, 2014 Lee Swepston; 14. Combating labour exploitation in the global economy: the need for a differentiated approach Roger Plant; 15. Human trafficking and forced labour: should companies be liable? Zuzanna Muskat-Gorska; Part V. Rethinking Trafficking through Migration Policy: 16. The paradox of 'legality': temporary migrant worker programs and vulnerability to trafficking Hila Shamir; 17. The indentured mobility of migrant domestic workers: the case of Dubai Rhacel Salazar Parrenas and Rachel Silvey; 18. Migrants, unfree labour, and the legal construction of domestic servitude: migrant domestic workers in the UK Judy Fudge and Kendra Strauss.