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Full-Text Articles in Law
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
Michigan Journal of International Law
The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
She Makes Me Ashamed To Be A Woman: The Genocide Conviction Of Pauline Nyiramasuhuko, 2011, Mark A. Drumbl
Michigan Journal of International Law
In the nearly twenty years since 1994, the international community and the Rwandan government have pushed to hold individual perpetrators accountable for the genocide. Judicialization has occurred at multiple levels. Over ninety persons-those deemed most responsible-have been indicted by the International Criminal Tribunal for Rwanda (ICTR), an ad hoc institution established by the U.N. Security Council in November 1994. Approximately ten thousand individuals have been prosecuted in specialized chambers of national courts in Rwanda. According to the Rwandan government, nearly two million people have faced neo-traditional gacaca proceedings conducted by elected lay judges throughout the country. Gacaca proceedings concluded in …
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Michigan Journal of International Law
At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …
Criminal Conspiracy Law In Japan, Chris Coulson
Criminal Conspiracy Law In Japan, Chris Coulson
Michigan Journal of International Law
Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.
The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov
The Yukos Money Laundering Case: A Never-Ending Story, Dmitry Gololobov
Michigan Journal of International Law
The Yukos case has unveiled the possible dangers of money laundering legislation in the hands of governments with transitional economies and weak democratic traditions. Even if the anti-money laundering laws of the country comply with international pronouncements to the letter, there are still a number of ways the laws could be used for the sole purpose of persecuting political opponents. In the Yukos case, the money laundering charges were interrelated with the charges of corporate tax evasion, which, taken separately, in Russia, represent a rather weak tool for suppressing the political opponents, but taken together they are perfect for the …
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Michigan Journal of International Law
This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye
Michigan Journal of International Law
The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.
The Foreign Corrupt Practices Act As A Threat To Global Harmony, Steven R. Salbu
The Foreign Corrupt Practices Act As A Threat To Global Harmony, Steven R. Salbu
Michigan Journal of International Law
Focusing primarily on the pragmatic and moral perils of cultural imperialism, I also alluded very briefly to a "political peril" that arises from the FCPA. This peril consists of the added risk of cross-national hostility that is attributable to officious and overreaching legislation across national borders. This article will examine the political hazard in greater detail, explaining why the proliferation of FCPA-style legislation unjustifiably increases the threat to global harmony.
Are Extraterritorial Restrictions On Bribery A Viable Policy Goal Under The Global Conditions Of The Late Twentieth Century? Increasing Global Security By Controlling Transnational Bribery, Philip M. Nichols
Michigan Journal of International Law
This paper argues that global security can no longer be evaluated in the realist terms of the sovereignty of nations, and that global insecurity does not arise merely from a handful of relatively straightforward issues. As an analytical tool, this paper turns instead to the concept of "complex interdependence" put forward by Robert Keohane and Joseph Nye. This paper then demonstrates how transnational bribery damages the quality of transnational relationships, thus endangering global security. The paper concludes by examining empirical observations. Empirically, transnational bribery has contributed significantly to global instability. On the other hand, no empirical observations suggest that extraterritorial …