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"There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment and that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this narrative, the nineteenth century's absence is conspicuous--few have considered that era seriously, much less written books on it. But as Jenny Martinez shows in this novel interpretation of the roots of human rights law, 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. Originating in England in the late eighteenth century, abolitionism achieved remarkable success over the course of the nineteenth century. Martinez focuses in particular on the international admiralty courts, which tried the crews of captured slave ships. The courts, which were based in the Caribbean, West Africa, Cape Town, and Brazil, helped free at least 80,000 Africans from captured slavers between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, are the foundations of contemporary human rights law: international courts targeting states and non-state transnational actors while working on behalf the world's most persecuted peoples--captured West Africans bound for the slave plantations of the Americas. Fueled by a powerful thesis and novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law"--
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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. I
Slavery --- Law and legislation. --- Law and legislation --- History. --- Abolition of slavery --- Antislavery --- Enslavement --- Mui tsai --- Ownership of slaves --- Servitude --- Slave keeping --- Slave system --- Slaveholding --- Thralldom --- Crimes against humanity --- Serfdom --- Slaveholders --- Slaves --- Slave trade --- Slavery (International law) --- Human rights --- Enslaved persons
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Also available as an e-book Depuis près de deux siècles, la question de l’esclavage et de la traite négrière est au coeur des relations internationales. Du Congrès de Vienne de 1815 qui dénonce un commerce « répugnant aux principes d’humanité et de morale universelle » jusqu’à la Cour internationale de Justice qui évoque en 1970 les « principes et [l]es règles concernant les droits fondamentaux de la personne humaine, y compris la protection contre la pratique de l’esclavage » comme source d’obligations erga omnes, le droit international contemporain est caractérisé par la construction progressive d’un régime international relevant de la notion de jus cogens. Alors que de nombreux travaux récents évoquent l’esclavage sous l’angle historique ou dans une perspective contemporaine, cet ouvrage présente l’originalité de s’inscrire dans une perspective juridique de longue durée, au carrefour des sources formelles et matérielles du droit international public, tout en l’éclairant des débats les plus actuels sur les responsabilités historiques en la matière.
Slavery --- Law and legislation. --- Esclavage --- Droit --- Slave trade --- Slavery (International law) --- Human rights --- Law and legislation --- Slavery - Law and legislation --- Esclavage domestique --- Droit international privé --- Traite des êtres humains --- Droit international pénal --- Droit international --- Droits de l'homme (droit international) --- Travail forcé --- Prostitution --- Personnes --- Droit international privé --- Traite des êtres humains --- Droit international pénal --- Travail forcé
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With the advent, in the twenty-first century, of the trafficking conventions and the criminalisation of enslavement before the International Criminal Court, the need to establish the black-letter law dealing with human exploitation has become acute. Slavery in International Law sets out the applicable law of human exploitation in the various sub-areas of international law, including general international law, human rights law, humanitarian law, labour law and the law of the sea; so as to create an overall understanding of what constitutes, in law, slavery and lesser types of human exploitation including: forced labour and servitudes such as debt bondage or servile marriage, as set out in the established definition of ‘trafficking in persons’.
Human trafficking (International law) --- Slavery --- Forced labor (International law) --- Slave trade --- Slavery (International law) --- Human rights --- Crimes against humanity --- International criminal law --- Law and legislation. --- Law and legislation --- Human trafficking. --- Forced prostitution (Human trafficking) --- People trafficking --- Sex trafficking --- Traffic in persons --- Trafficking in human beings --- Trafficking in persons --- White slave traffic --- White slavery --- Sex crimes --- Slavery - Law and legislation --- White slave traffic (Human trafficking) --- White slavery (Human trafficking) --- Offenses against the person
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Modern slavery is growing despite the introduction of laws to try to stem it. This is the first book critically to assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice.
Crime. --- Slavery --- Slavery. --- Human trafficking --- Human trafficking. --- Law and legislation. --- Law and legislation --- History --- Great Britain. --- Abolition of slavery --- Antislavery --- Enslavement --- Mui tsai --- Ownership of slaves --- Servitude --- Slave keeping --- Slave system --- Slaveholding --- Thralldom --- Crimes against humanity --- Serfdom --- Slaveholders --- Slaves --- Forced prostitution (Human trafficking) --- People trafficking --- Sex trafficking --- Traffic in persons --- Trafficking in human beings --- Trafficking in persons --- White slave traffic --- White slavery --- Sex crimes --- City crime --- Crime --- Crime and criminals --- Crimes --- Delinquency --- Felonies --- Misdemeanors --- Urban crime --- Social problems --- Criminal justice, Administration of --- Criminal law --- Criminals --- Criminology --- Transgression (Ethics) --- Slave trade --- Slavery (International law) --- Human rights --- Social aspects --- White slave traffic (Human trafficking) --- White slavery (Human trafficking) --- Offenses against the person --- Enslaved persons
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Women and children have been bartered, pawned, bought, and sold within and beyond Africa for longer than records have existed. This important collection examines the ways trafficking in women and children has changed from the aftermath of the "end of slavery" in Africa from the late nineteenth century to the present. The formal abolition of the slave trade and slavery did not end the demand for servile women and children. Contemporary forms of human trafficking are deeply interwoven with their historical precursors, and scholars and activists need to be informed about the long his
Human trafficking --- Slave trade --- Slavery --- Women slaves --- Child slaves --- Traite des êtres humains --- Esclaves --- Esclavage --- Femmes esclaves --- Enfants esclaves --- History. --- Law and legislation. --- Commerce --- Histoire --- Droit --- Afrique --- Child slaves -- Africa. --- Human trafficking -- Africa. --- Slave trade -- Africa -- History. --- Slavery -- History. --- Slavery -- Law and legislation. --- Women slaves -- Africa. --- Gender & Ethnic Studies --- Social Sciences --- Gender Studies & Sexuality --- History --- Law and legislation --- Traite des êtres humains --- Slave children --- Slave women --- Slavery (International law) --- Forced prostitution (Human trafficking) --- People trafficking --- Sex trafficking --- Traffic in persons --- Trafficking in human beings --- Trafficking in persons --- White slave traffic --- White slavery --- Slaves --- Human rights --- Sex crimes --- Enslaved women --- Enslaved children --- Enslaved persons --- Women, Enslaved --- White slave traffic (Human trafficking) --- White slavery (Human trafficking) --- Offenses against the person
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