Human Rights Law Commons^™

Under The Iron Thumb: Forced Labor In Myanmar, Anil Raj

Human Rights & Human Welfare

The fight for human rights in Myanmar goes back to its independence in 1948. The Myanmar military (tatmadaw) has engaged in shocking violations of almost every right in the Universal Declaration of Human Rights. The issue of forced labor, however, is of particular concern. Forced labor is employed primarily in development projects, agricultural enterprises, and the military. It is used to impose collective punishment on civilians, to build highly profitable development that strengthens military rule, and to allow the military access and logistical support in the most remote regions of insurgent-occupied territories. Forced labor is a central means …

Matthew S. Weinert On A Decade Of Human Security: Global Governance And New Multilateralism By Sandra Maclean, David Black, And Timothy Shaw. Aldershot, Uk: Ashgate, 2006. 264 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

A Decade of Human Security: Global Governance and New Multilateralism by Sandra MacLean, David Black, and Timothy Shaw. Aldershot, UK: Ashgate, 2006. 264 pp.

Eric Pianowski On Trafficking In Humans: Social, Cultural And Political Dimensions Edited By Sally Cameron And Edward Newman. New York: United Nations University Press, 2008. 284 Pp., Eric Pianowski

Human Rights & Human Welfare

A review of:

Trafficking in Humans: Social, Cultural and Political Dimensions edited by Sally Cameron and Edward Newman. New York: United Nations University Press, 2008. 284 pp.

Intelligence And Human Rights: A View From Venus, Peter Gill

Human Rights & Human Welfare

A review of:

Intelligence and Human Rights in the Era of Global Terrorism. By Steve Tsang (ed.). Westport, Connecticut: Praeger Security International, 2007.

and

War by Other Means: An Insider’s Account of the War on Terror. By John Yoo. New York: Atlantic Monthly Press, 2006.

Contemporary Slavery And International Law, Jessica Bell

Human Rights & Human Welfare

In this essay, the definition of contemporary slavery is derived from Kevin Bales in his book, Disposable People, which states that contemporary slavery is “The complete control of a person, for economic exploitation, by violence, or the threat of violence.” Contemporary slavery includes the slave labor of men, women, and children, forced prostitution, pornography involving both children and adults, the selling of human organs, serfdom, debt bondage, and the use of humans for armed conflict.

Contract Enslavement Of Female Migrant Domestic Workers In Saudi Arabia And The United Arab Emirates, Romina Halabi

Human Rights & Human Welfare

Slavery was not abolished in Saudi Arabia until 1962, and in the United Arab Emirates (UAE) until 1963. It is unsurprising, then, that contract slavery of domestic servants continues to thrive in much of the Persian Gulf, where local economies prosper on the immigration of foreign workers. Economic incentives on the part of the sending and receiving nations encourage the migration of female workers from their home countries to Saudi Arabia and to the UAE. These incentives, coupled with restrictive contract systems, bind the female domestic worker to her employer and create an environment conducive to exploitation and involuntary servitude.

The Dark Side Of Labor In China, Karine Lepillez

Human Rights & Human Welfare

With a population of 1.3 billion and a gross domestic product growing at an impressive rate of 10 percent per year, China has quickly become one of the largest contributors to the global market. Deng Xiaoping’s reforms of the late 1970s and early 1980s vastly improved the country’s standard of living and made economic development possible; unfortunately, China’s remarkable growth has a dark side: the forced labor of men, women and children. The country’s unique combination of Communist ideology and decentralized economic power has contributed to the use of both state-sanctioned and unsanctioned forced labor, the latter of which is …

Kurt Mills On Conflict And Compliance: State Responses To International Human Rights Pressure By Sonia Cardenas. Philadelphia: University Of Pennsylvania Press, 2007. 200pp., Kurt Mills

Human Rights & Human Welfare

A review of:

Conflict and Compliance: State Responses to International Human Rights Pressure by Sonia Cardenas. Philadelphia: University of Pennsylvania Press, 2007. 200pp.

The Children Of War, Jennifer Plante

Human Rights & Human Welfare

There are more than 300,000 child soldiers in the world today. Complex economic and psychological factors have contributed to this large number; while some of these child soldiers qualify as slaves, many do not. Although there are several United Nations (U.N.) conventions that protect the rights of the child, many states have had difficulty implementing such protections. This has led to the perpetuation of the child slavery problem. Unfortunately for the children involved, their troubles do not end with the fighting. After the conflict, former soldiers must undergo the oftentimes-painful process of rehabilitation and integration back into society.

Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett

Human Rights & Human Welfare

The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …

Universal Human Rights And Threat To International Peace And Security: The United Nations' Obligation To Intervene, Godfrey Mhlanga

LLM Theses and Essays

This thesis seeks to establish the following:

• The nexus between the origins of the state and the universality of Human Rights
• That abuse of Human Rights is a threat to international peace and security, and
• It is an obligation for the international community under the auspices of the United Nations (UN) to intervene in the ‘internal affairs’ of a state which violates Human Rights.

The paper focuses on the paramountcy of Human Rights and argues that the doctrine of state sovereignty and cultural relativism undercut the essence and universality of Human Rights. The paper puts into perspective the interpretation of …

Protecting Civilians During The Fight Against Transnational Terrorism: Applying International Humanitarian Law To Transnational Armed Conflicts, Karinne Lantz

Articles, Book Chapters, & Popular Press

This article will explore the ability of international law- particularly international humanitarian law (IHL)-- to protect innocent civilians from harm in the context of the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism, while at the same time respecting the rule of law and the rights of innocent civilians, it is argued that, while IHL must remain applicable only to armed conflicts, it must also evolve so that it clearly applies to "transnational" armed conflicts.

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

Proceedings Of The Second International Humanitarian Law Dialogs, Sixtieth Anniversary Of The Genocide Convention: The Power Of A Word, Mark A. Drumbl

Scholarly Articles

Introductory lecture to the Second Annual International Humanitarian Law Dialogs.

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted sixty years ago. The legacy of the Genocide Convention is inextricable from the legacy of Nuremberg and the legal work of the Nuremberg prosecutors, some of whom join us today. To this end, celebrating Nuremberg also means celebrating the Genocide Convention.

Duress, Demanding Heroism, And Proportionality, Luis E. Chiesa

Vanderbilt Journal of Transnational Law

This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion.

After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as …

Aziza Khatoon On Human Rights In Turkey Edited By Zehra F. Kabasakal Arat. Philadelphia: University Of Pennsylvania Press, 2007. 349 Pp., Aziza Khatoon

Human Rights & Human Welfare

A review of:

Human Rights in Turkey edited by Zehra F. Kabasakal Arat. Philadelphia: University of Pennsylvania Press, 2007. 349 pp.

Richard Burchill On Contemporary Human Rights Ideas By Bertrand G. Ramcharan. New York, Ny : Routledge, 2008. 192 Pp., Richard Burchill

Human Rights & Human Welfare

A review of:

Contemporary Human Rights Ideas by Bertrand G. Ramcharan. New York, NY : Routledge, 2008. 192 pp.

Eric A. Heinze On Humanitarianism And Suffering: The Mobilization Of Empathy Edited By Richard Ashby Wilson & Richard D. Brown. New York, Ny: Cambridge University Press, 2009. 328pp., Eric A. Heinze

Human Rights & Human Welfare

A review of:

Humanitarianism and Suffering: The Mobilization of Empathy edited by Richard Ashby Wilson & Richard D. Brown. New York, NY: Cambridge University Press, 2009. 328pp.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman

Human Rights & Human Welfare

A review of:

Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.

and

Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.

and

Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.

Bonded Labor In India, Devin Finn

Human Rights & Human Welfare

Bonded labor, which is characterized by a long-term relationship between employer and employee, is usually solidified through a loan, and is embedded intricately in India’s socio-economic culture—a culture that is a product of class relations, a colonial history, and persistent poverty among many citizens. Also known as debt bondage, bonded labor is a specific form of forced labor in which compulsion into servitude is derived from debt. Categorized and examined in the scholarly literature as a type of forced labor, bonded labor entails constraints on the conditions and duration of work by an individual. Not all bonded labor is forced, …

The Economic Foundations Of Contemporary Slavery, Justin Guay

Human Rights & Human Welfare

“Slavery existed before money or law” (Hochschild 2005). Indeed the “peculiar institution” is one of humanity’s oldest. It has, however, evolved and manifested itself quite distinctly in different periods of history. In contrast to historical views of slavery that are associated with Chattel Slavery, numerous forms fall under the umbrella term of contemporary slavery. The United Nations (U.N.) Working Group recognizes such radically new forms as: child labor, children in conflict, trafficking in persons, sexual exploitation, and the sale of children. The International Labor Office (ILO) approaches the topic through the lens of forced labor. The ILO recognizes slavery and …

A Growing Concern: Modern Slavery And Agricultural Production In Brazil And South Asia, Justin Campbell

Human Rights & Human Welfare

The modern use of slave labor in the production of agriculture takes many forms. In Brazil, the ability of powerful landowners to repress poor workers is an important element of large-scale agricultural production. In South Asia, cultural norms and traditions are used to exploit the most vulnerable communities. In both examples, inequity and poverty are implicit, and debt is a tool used to legitimize bondage.

Humanitarian Assistance And The Private Security Debate: An International Humanitarian Law Perspective, Benjamin Perrin

All Faculty Publications

The changing nature of armed conflict has had a dramatic impact on the security risks facing humanitarian personnel. Historically, the safety of humanitarian aid delivery was secured through the consent of the relevant Parties to the conflict. However, non-international ethnically-motivated armed conflicts, failed and failing states, and insurgency-based warfare have fundamentally challenged the viability of this traditional security paradigm. In confronting today's complex security climate, humanitarian organizations are faced with a diverse menu of alternatives to enhance their security. The debate over armed protection that has sharply divided the humanitarian community is explored in this paper, including a critique of …

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Symposium 2008: The United Nations Genocide Convention: A 60th Anniversary Commemoration: Keynote Address, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.