For 2015 the bibliography continues its customary coverage of secondary writings published since 1900 in western European languages on slavery or the slave trade anywhere in the world: monographs, ...

Slavery: annual bibliographical supplement (2015)

Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.

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The International Law of Human Trafficking

Holmes, Stephen and Sunstein, Cass R. (2000). The Cost of Rights: Why Liberty Depends on Taxes. W.W. Norton, 255 pp., $14.95, paperback, ISBN 0-393-32033-2; hardcover (1999), ISBN 0-393-04670-2. Law professors write on such a broad variety of subjects that other disciplines sometimes miss law-related publications that would also be relevant to them. Given the broad breadth of Public Administration, this is a particularly regular event. In this case, two law school faculty members from New York University and the University of Chicago have written a book that needs to be flagged for the attention of Public Administration. Stephen Holmes and Cass Sunstein, have, unintentionally, written a landmark justification for public administration in American society. Their fresh, innovative and clear-eyed review of the need for the administrative state ought to be required reading in every PA theory seminar as well as for every MPA training program. If ever a book explained the rationale for public administration, it is this one. Casting stale political cliches aside, Holmes and Sunstein make the compelling argument that the basic liberties and freedoms associated with the American constitutional system require the existence of a competent and well-financed administrative apparatus to implement them. The basic argument of the book is this: Americans seem easily to forget that individual rights and freedoms depend fundamentally on vigorous state action. Without effective government, American citizens would not be able to enjoy their private property in the way they do. Indeed, they would enjoy few of none of their constitutionally guaranteed individual rights. Personal liberty, as Americans value and experience it, presupposes social cooperation managed by government officials. The private realm we rightly prize is sustained, indeed created, by public action. (pp. 14-5) They convincingly argue that, for example, freedom of speech is not - administratively - free. It cannot exist without an effective system of courts, prosecutors, law enforcement and publicly subsidized legal aid attorneys. It even requires the assistance of municipal parks and public works departments to help cover the costs of assuring the exercise of free speech in public places. Contrary to the claims of the political right, there can be no 'natural' freedoms and liberties that are truly costless. For a conservative to argue that the best government is one that stays out of people's lives is, essentially, an argument not for personal liberty but for anarchy. A systematic analysis of the freedoms listed in the Bill of Rights demonstrates that they are not and can never be free. Nor can they be self-enforcing. Rather, all liberties require a governmental system to assure their implementation. Public administration is civilization. It brings order out of anarchy, including personal freedoms to individuals. Another example from the First Amendment would be more relevant to public administration's 'sister' field of nonprofit management. Is freedom of religion truly free? No, the authors point out. The polity has agreed to give many governmental services to religious congregations (which almost universally are constituted in the US as nonprofit corporations) for free or below cost. Exemptions from property taxes, tax deductibility of donations and other benefits mean that the taxpayers as a whole have to pay for such tax expenditures and subsidies. This entails the creation of a complex bureaucracy to administer these privileges we associate with freedom of religion: income tax departments, property tax assessors, judicial appeal processes and so on. Similarly, the authors debunk the artificial differentiation between personal freedoms and entitlements of the modern state. …

The Cost of Rights: Why Liberty Depends on Taxes

For 2010 the bibliography continues its customary coverage of secondary writings published since 1900 in western European languages on slavery or the slave trade anywhere in the world: monographs, ...

Slavery: annual bibliographical supplement (2010)

‘Collective Autonomy in the European Union’ explores the question of collective autonomy by investigating the relationship between collective bargaining and legal regulation and its current evolution in the national contexts and in the EU internal market. The thesis aims at achieving a comprehensive understanding of the notion, function and exercise of collective autonomy and collective bargaining, and it argues that collective autonomy and collective bargaining in contemporary Europe present challenges that alter their basic features. To this end, the thesis undertakes a multifaceted analysis integrating three perspectives: a theoretical perspective analysing and combining the conceptual elements of collective autonomy and collective bargaining as defined in industrial relations theories, labour law theories, and in the discourses on global labour rights; a comparative perspective analysing how collective autonomy and collective bargaining have found legal regulation in the Italian and Swedish labour law and industrial relations contexts; a cross-border perspective examining how the EU regulation of the internal market freedoms of establishment and to provide services impacts on the features of collective autonomy and collective bargaining.By combining elements of international, European and comparative labour law, EU internal market law, and industrial relations, this thesis explores the unique features of collective autonomy and collective bargaining as socio-economic mechanisms having a normative power, whose functioning is however influenced by legal dynamics. Eventually, it examines the transformation that the foundations of collective autonomy and collective bargaining undergo in relation to the challenges deriving from both the processes of company-level decentralisation and the dynamics of the cross-border scenarios in the EU internal market. Ultimately, the thesis contributes to advancing the understanding of the foundations of collective autonomy and to exploring its operations beyond national borders. (Less)

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Collective Autonomy in the European Union: Theoretical, Comparative and Cross-border perspectives on the Legal Regulation of Collective Bargaining

On the 100th session of the International Labour Conference, the ILO adopted Convention No. 189 and supplementing Recommendation No. 201 regulating the terms and conditions of work for domestic workers. This was a landmark moment. It was a landmark moment for domestic workers whose participation in the paid labour market and specific working conditions were recognised for the first time in a holistic manner within a legal document. It was also a landmark moment for the international labour law regime that incorporated within the ILO documents a human rights approach, which is sectorally based, stemming from the view that although domestic work is ‘work like any other’, it should also be treated as ‘work like no other’. This piece introduces the ILO Domestic Workers Convention and supplementing Recommendation, points to the differences between these documents and the British legal framework, and calls for a re-assessment of the UK position. It will be structured as follows. Part I begins with a discussion on the social location of those performing domestic work and their precariousness in the British context. Part II introduces the Convention and supplementing Recommendation and the legal framework adopted in these documents, which intertwines civil, social and labour rights on a sectoral basis. Part III concludes.

The ILO Convention on Domestic Workers: From the Shadows to the Light

Are labour rights human rights? This question has attracted much interest in recent years among lawyers, academic scholars, trade unionists and other activists, and has given rise to heated debates. In human rights law and labour law scholarship, some endorse the character of labour rights as human rights without hesitation, while others view it with scepticism and suspicion. This article finds that there are in fact three different approaches in the literature that examines labour rights as human rights, which are not always distinguished with sufficient clarity. First, there is a positivistic approach, according to which a group of rights are human rights insofar as certain treaties recognise them as such. The question whether labour rights are human rights is uncomplicated on this approach, which is often found in international law scholarship. A response to it comes through a survey of human rights law. If labour rights are incorporated in human rights documents, they are human rights. If they do not figure therein, they are not human rights. A second way in which the question of this article is approached is an instrumental one that looks at the consequences of using strategies, such as litigation or civil society action, which promote labour rights as human rights. This is the most common way in which labour law scholars analyse the problem in question. If strategies are, as a matter of social fact, successful, the question is answered in the affirmative; if not, scepticism is expressed. The third approach to the question whether labour rights are human rights is a normative one. It examines what a human right is, and assesses, given this definition, whether certain labour rights are human rights. This path is the one that has been least taken in the literature, but is an important one and has implications for the previous two approaches. This article maps out the three approaches above, addresses the main arguments advanced in scholarship and explores their implications.

Are Labour Rights Human Rights

Organisations and scholars have recently drawn attention to what they call a modern form of slavery, domestic slavery. Domestic workers in Europe and elsewhere live and work in appalling conditions and are vulnerable to abuse. This article describes the problem, presents the relevant legal instruments and analyses a decision of the European Court of Human Rights, Siliadin v France, where France was found in breach of the prohibition of slavery, servitude, forced and compulsory labour under the European Convention on Human Rights. The paper examines the growing interaction between international labour law and international human rights law. It argues that the decision in Siliadin and its legal implications constitute a positive first step towards addressing the problem of the coercion and vulnerability of migrant domestic workers. © 2006 Oxford University Press.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1697223_code817355.pdf?abstractid=1116437&mirid=2

Servitude and forced labour in the 21st century: The Human Rights of domestic workers

This article examines the problem of ‘legislative precariousness’ of workers, and its compatibility with human rights. Legislative precariousness is defined as the special vulnerability created by the explicit exclusion or lower degree of protection of certain categories of workers from protective laws. A group that is frequently made precarious by law in many jurisdictions are domestic workers, the situation of whom the second part of the article explores. The intersection of numerous expressions of legislative precariousness of this category of workers disadvantages them in comparison to other workers, and also makes enforcement difficult. The legislative precariousness of domestic workers, therefore, places them in a uniquely vulnerable position. Looking at the European human rights system, which is an influential and effective mechanism of protection, the third part of the article examines the legal protection of the rights of domestic workers. It emerges that human rights law has potential to assist this group, but what also becomes evident is that aspects of the law on social rights create further precariousness. The exclusion of undocumented migrants is very troubling, but may be corrected to a degree, as the European example shows.The fourth part of the paper considers how human rights practice in Europe sheds light on the interplay between human rights and labour rights in the context of migrant domestic work. It emerges that human rights law challenges the traditional public/private divide, and plays an important role in addressing the legislative precariousness of domestic workers. It is, therefore, valuable to them. In addition, importantly, some further conclusions can be drawn as to the normative foundation of the two bodies of rules (human rights and labour rights). These involve their shared theoretical justification: dignity as non-commodification, liberty and distributive justice. At a normative level, the final part of the article finds that the human rights and labour rights of precarious workers have much in common, and have potential to address the legislative precariousness of domestic workers, and of other groups of workers found in a precarious position.

Virginia Mantouvalou

Papers

The ILO Convention on Domestic Workers: From the Shadows to the Light

Are Labour Rights Human Rights

Servitude and forced labour in the 21st century: The Human Rights of domestic workers

Are Labour Rights Human Rights

Human Rights for Precarious Workers: The Legislative Precariousness of Domestic Labour