Forced labour in international law and responsibility of states for private actors

Tulli, Filomena Medea (2024): Forced labour in international law and responsibility of states for private actors. Dissertation, LMU München: Juristische Fakultät

Abstract

The severity of the phenomenon of forced labour, among other forms of human exploitation, has garnered paramount significance in the context of contemporary socioeconomic changes. For this reason, the present work seeks to address the issue through the lens of international law with two primary objectives. Firstly, to delineate the actual legal status surrounding the prohibition of forced labour and secondly, to clarify the nature of State responsibility for the utilisation of forced labour by private actors. Built upon this foundation, the research unfolds in a tripartite structure. The first chapter is introduced by an historical overview focused on States’ acknowledgement of forced labour alongside abolitionist movements against slavery between the XIX and XX centuries. The overview serves as a basis for an in-depth examination of relevant key international agreements drafted within the League of Nations and later the United Nations, as well as the International Labour Organization, up to the latest developments. The analysis then extends to forced labour provisions enshrined in regional human rights conventions and other pertinent international agreements, as to the most recent practice developed by international organisations. The second chapter is divided into two sections. In the first part, the focus lies on the case law on the prohibition of forced labour as interpreted by the International Court of Justice and regional human rights courts, where State responsibility arises from the employment of forced labour by private actors. In the subsequent part, examples of national legislation aimed at combating forced labour through corporate accountability are outlined, alongside supranational initiatives aligned with this overarching objective. Drawing from the insights garnered in the preceding chapters, the concluding chapter presents an exploration of the status of the prohibition of forced labour within the framework of international law. This is followed by the analysis of three potential hypotheses aimed at elucidating the nature of State responsibility regarding the employment of forced labour by private actors. On these grounds, the prominence of forced labour in contemporary international law and the critical role of States in addressing it towards private actors is ultimately unveiled. The outcomes of the work assess if States’ strategies align with the urgency of the issue, suggesting future approaches to effectively tackle forced labour in the actual global landscape.

• Dokumententyp: Dissertationen (Dissertation, LMU München)
• Keywords: International Law, Forced Labour, State Responsibility, Private Actors, Modern Slavery
• Themengebiete: 300 Sozialwissenschaften ; 300 Sozialwissenschaften > 340 Recht
• Fakultäten: Juristische Fakultät
• Sprache der Hochschulschrift: Englisch
• Datum der mündlichen Prüfung: 14. Juni 2024
• 1. Bericht­erstatter:in: Walter, Christian