In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.

This book examines the traffic in women for marriage, a phenomenon that has been largely overlooked in international efforts to address the problem of human trafficking. In contrast to current international and state-based approaches to trafficking, which tend to focus on sex trafficking and trafficking for forced labour, this book seeks to establish how marriage as an institution is often implicated in the occurrence of trafficking in women. The book aims firstly to establish why marriage has tended not to be included in dominant conceptions of trafficking in persons and secondly to determine whether certain types of marriage may constitute cases of human trafficking, in and of themselves. Through the use of case studies on forced marriage, mail-order bride (MOB) marriage and Fundamentalist Mormon polygamy, this book demonstrates that certain kinds of marriage may in fact constitute situations of trafficking in persons and together form the under-recognised phenomenon of ‘marriage trafficking’. In addition, the book offers a new perspective on the types of harm involved in trafficking in women by developing a framework for identifying the particular abuses characteristic to marriage trafficking. It argues that the traffic in women for marriage cannot be understood merely as a subset of sex trafficking or trafficking for forced labour, but rather constitutes a distinctive form of trafficking in its own right. This book will be of great interest to scholars and postgraduates working in the fields of human rights theory and institutions, political science, international law, transnational crime, trafficking in persons, and feminist political theory.

Describing and assessing feminist inroads into the state Feminists walk the halls of power. Governance Feminism: An Introduction shows how some feminists and feminist ideas—but by no means all—have entered into state and state-like power in recent years. Being a feminist can qualify you for a job in the United Nations, the World Bank, the International Criminal Court, the local prosecutor’s office, or the child welfare bureaucracy. Feminists have built institutions and participate in governance. The authors argue that governance feminism is institutionally diverse and globally distributed. It emerges from grassroots activism as well as statutes and treaties, as crime control and as immanent bureaucracy. Conflicts among feminists—global North and South; left, center, and right—emerge as struggles over governance. This volume collects examples from the United States, Israel, India, and from transnational human rights law. Governance feminism poses new challenges for feminists: How shall we assess our successes and failures? What responsibility do we shoulder for the outcomes of our work? For the compromises and strange bedfellows we took on along the way? Can feminism foster a critique of its own successes? This volume offers a pathway to critical engagement with these pressing and significant questions.

This pioneering study looks across key trafficking crimes to develop a social theory of transnational criminal markets. These include human trafficking, drug dealing, and black markets in wildlife, diamonds, guns and antiquities, The author offers an in-depth analysis of structural similarities and differences within illicit trade networks, and explores the economic underpinnings which drive global trafficking. Revealing how traffickers think of their illegal enterprises as ‘just business’, he draws broader lessons for the ways forward in understanding criminality in this emerging field.

Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.

Why have statelessness and contemporary enslavement become endemic since the 1990s? What is it about global political economic policies, protracted warfare, and migration rules and patterns that have so systemically increased these extreme forms of vulnerability? Why have intellectual communities largely ignored or fundamentally rejected the concepts of statelessness and contemporary enslavement? This book argues that statelessness and enslavement are not aberrations or radical exceptions. They have been and are endemic to Euromodern state systems. While victims are discrete outcomes of similar processes of the racialized debasement of citizenship, stateless people share the predicament of those most likely to be enslaved and the enslaved, even when formally free, often face situations of statelessness. Gordon identifies forcible inclusion of semi-sovereign nations, extralegal expulsion of people who cannot be repatriated, and the concentrated erosion of the rights of full-fledged citizens as the primary modes through which people experience degrees of statelessness. She argues for the political value of seeing the connections among these discrete forms. With enslavement, she insists that while the centuries-long practice has taken on some new guises necessary to its profitability in the current global economy, what and who it involves have remained remarkably consistent. Rather than focusing on slavery as a radical and exceptional extreme of abuse or coercion, Gordon contends that we can understand contemporary slavery’s specificity most usefully through considering its defining dimensions together with those of wage laborers and guest workers. Gordon concludes that appreciation of the situation of the stateless and of the enslaved should fundamentally orient our thinking about viable contemporary conceptions of consent and of the kinds of twenty-first-century political institutions that would make it harder for some to make the vulnerability of others so lucrative.

The various manifestations of coerced labour between the opening up of the Atlantic world and the formal creation of Haiti.

Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.