Modern slavery in global context: ending the political economy of forced labour and slavery

2019 ◽  
pp. 29-46
Author(s):  
Aidan McQuade
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Political ◽  
The Rule Of Law ◽  
Global Context ◽  
Modern Slavery ◽  
Political Economies ◽  
Forced Labour ◽  
Human Rights Standards

This chapter begins by setting out the root causes of slavery, and demonstrating the fundamental role of the failure of the rule of law in enabling slavery to persist. It then sets out how particular failures in the rule of law give rise to four ‘peacetime’ political economies of slavery (i.e. state-sponsored slavery, state-tolerated slavery, state-facilitated slavery, state-muddled slavery). Where international mechanisms exist to uphold human rights standards, these political economies may be reformed somewhat. However, in addition, what is needed is a more fundamental reform of the nature of all political economies to establish processes to empower vulnerable individuals and groups and to uphold human rights standards. The chapter then sets out what forms these reforms must take to establish political economies with the potential to reduce slavery, if not eliminate it completely.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

Understanding the Global Business of Forced Labour: An Introduction

2018 ◽  
pp. 1-22
Author(s):  
Genevieve LeBaron
Keyword(s):  
Global Economy ◽  
The Political ◽  
Ethical Challenges ◽  
Global Business ◽  
Labour Exploitation ◽  
Modern Slavery ◽  
Forced Labour ◽  
Rights Issue

This introductory Chapter provides an overview of the political, methodological, and ethical challenges of researching forced labour in the global economy tackled in this Volume. It argues that in spite of these challenges, researchers are pioneering fresh approaches to understanding the business of forced labour that are anchored in strong empirical methods, rather than outdated theoretical propositions or sensationalist newspaper headlines. This burgeoning and interdisciplinary body of research challenges conventional narratives about the nature and role of modern slavery. It reveals that rather than an individualised, randomly occurring human rights issue caused by the moral shortcomings and greed of unscrupulous employers, severe labour exploitation is a coherent and predictable feature of many sectors and regions within the global political economy. The methodological reflections contained within this Volume offer a resource for academics and practitioners seeking to understand forced labour, the factors that shape vulnerability to this phenomenon, and the variegated mechanisms through which businesses systemically profit from labour exploitation.

Part III Structural Principles, Ch.20 Democracy and the Rule of Law

2013 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Instruments

This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.

The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?

2017 ◽  
Vol 16 (3) ◽  
pp. 437-463 ◽  
Author(s):  
María Carmelina Londoño-Lázaro ◽  
Ulf Thoene ◽  
Catherine Pereira-Villa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Multinational Enterprises ◽  
Qualitative Data ◽  
Benefit Sharing ◽  
Soft Law ◽  
Due Diligence ◽  
The Rule Of Law ◽  
Business And Human Rights

Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.

Bangladesh in 2012

Asian Survey ◽  
2013 ◽  
Vol 53 (1) ◽  
pp. 73-83 ◽  
Author(s):  
Ahrar Ahmad
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Economic Performance ◽  
War Crimes ◽  
The Political ◽  
Political Environment ◽  
The Rule Of Law ◽  
War Crimes Trial ◽  
The U.S

The year 2012 began well for Bangladesh. Economic performance was impressive, and there were some notable political developments, such as the starting of the War Crimes Trial. However, corruption remained a pressing issue, the rule of law and human rights in the country became increasingly tenuous, and the political environment continued to be turbulent and uncertain. Moreover, issues regarding the country’s relationship with both India and the U.S. were poorly resolved.

scholarly journals The role of prosecutors in state of emergency

2021 ◽  
Author(s):  
Tamara Manea ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Community Services ◽  
State Of Emergency ◽  
Health Crisis ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
Procedural Time ◽  
Functional Autonomy

The COVID-19 pandemic has caused a global health crisis unlike any experienced for more than a century. The need for keeping social distancing and applying lockdown measures have resulted, in many instances, in the disruption of courts’ and prosecution services’ work, delays in proceedings and have impacted on procedural time limits and the suspension or reduction of legal aid, as well as public and community services. The measures have significantly affected international cooperation. The prosecutors have faced the challenge of making sure that, in the course of their work; the measures taken under public health emergency are used so as to protect people and not as a pretext for human rights infringements and those new legal measures are applied with strict respect for human rights obligations. The objective of Opinion nr. 15 is therefore to determine how prosecution services can, without hampering their functional autonomy, fulfill their mission with the highest quality and efficiency, respecting the rule of law and human rights, in the context of emergency situations, particularly the COVID-19 pandemic and their aftermath. This Opinion mostly does address the concerns of prosecutors to work as efficiently as possible, even under the most challenging circumstances, avoiding any unlawful or undue interference in their work and maintaining the highest quality in all their activities and strict respect for the law and human rights.

scholarly journals The Changing Role of Nordic Courts

2021 ◽  
pp. 167-183
Author(s):  
Martin Sunnqvist
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Nordic Countries ◽  
Constitutional Rights ◽  
Supreme Courts ◽  
The Rule Of Law ◽  
Changing Role

AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.

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