The Slave Trade Abolition And The Long History Of International Criminal Law
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| Author | : Emily Haslam |
| Publisher | : Routledge |
| Total Pages | : 245 |
| Release | : 2019-09-20 |
| Genre | : History |
| ISBN | : 0429791097 |
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
| Author | : Jenny S. Martinez |
| Publisher | : OUP USA |
| Total Pages | : 264 |
| Release | : 2012-01-04 |
| Genre | : History |
| ISBN | : 0195391624 |
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, 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.
| Author | : Jean Allain |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 445 |
| Release | : 2012-10-12 |
| Genre | : Social Science |
| ISBN | : 9004186956 |
Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.
| Author | : Immi Tallgren |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2019-03-21 |
| Genre | : Law |
| ISBN | : 0192565133 |
The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.
| Author | : Jean Allain |
| Publisher | : |
| Total Pages | : 640 |
| Release | : 2015-06-22 |
| Genre | : Law |
| ISBN | : 9789004279889 |
The Law and Slavery delivers Professor Jean Allain's foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.
| Author | : Emily Haslam |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 279 |
| Release | : 2024-02-22 |
| Genre | : Law |
| ISBN | : 1509973737 |
This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the practice of widely recognised state-based actors and institutions such as the International Criminal Court with practices associated with non-state actors in particular citizens' tribunals. International criminal law is now established as an essential legal and institutional response to atrocity. However, it faces a series of political and practical challenges. It is vital to consider its limits and potential, as well as the ways and extent to which those limitations might be addressed. Many actors with very different visions of its nature and parameters play a role in shaping the meaning of international criminal law whether that be in official or unofficial spaces. This book explores the principles and institutions of international criminal law alongside the alternative visions of it put forward by citizens' tribunals. In so doing it encourages reflection on that law's multiple meanings and usages in order to provoke consideration of what it means, and might mean, to deploy international criminal law today.
| Author | : Morten Bergsmo |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 845 |
| Release | : 2015-11-19 |
| Genre | : Law |
| ISBN | : 8283480146 |
| Author | : Iain Whyte |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2006-06-21 |
| Genre | : Social Science |
| ISBN | : 0748626999 |
Although much has been written about Scottish involvement in slavery, the contribution of Scots to the abolition of black slavery has not yet been sufficiently recognised. This book starts with a Virginian slave seeking his freedom in Scotland in 1756 and ends with the abolition of the apprenticeship scheme in the West Indian colonies in 1838. Contemporary documents and periodicals reveal a groundswell of revulsion to what was described as "e;the horrible traffik in humans"e;. Petitions to Parliament came from remote islands in Shetland as well as from large public meetings in cities. In a land steeped in religion, ministers and church leaders took the lead in giving theological support to the cause of abolition. The contributions of five London Scots who were pivotal to the campaign throughout Britain are set against opposition to abolition from many Scots with commercial interests in the slave trade and the sugar plantations. Missionaries and miners, trades guilds and lawyers all played their parts in challenging slavery. Many of their struggles and frustrations are detailed for the first time in an assessment of the unique contribution made by Scotland and the Scots to the destruction of an institution whose effects are still with us today.
| Author | : David Eltis |
| Publisher | : Cambridge University Press |
| Total Pages | : 777 |
| Release | : 2011-07-25 |
| Genre | : History |
| ISBN | : 0521840686 |
The various manifestations of coerced labour between the opening up of the Atlantic world and the formal creation of Haiti.
| Author | : Neil Boister |
| Publisher | : OUP Oxford |
| Total Pages | : 544 |
| Release | : 2012-09-06 |
| Genre | : Law |
| ISBN | : 0191632023 |
The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.
