Chapter

Contemporary International Legal Norms on Slavery

Holly Cullen

in The Legal Understanding of Slavery

Published in print September 2012 | ISBN: 9780199660469
Published online January 2013 | e-ISBN: 9780191745508 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199660469.003.0017
Contemporary International Legal Norms on Slavery

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This chapter considers the problems of judicial interpretation and application of the meaning of slavery. It reviews the 1926 definition of slavery and observes the continued presence of de facto slavery, which disables the victim in a number of ways. It analyzes the case law on slavery from Kunarac that uses the application and interpretation of the definition of slavery. It also considers Australian cases, which have the greatest judicial attention to the powers attaching to the right of ownership. This chapter concludes that international instruments give clear definitions of forced labour and slavery, although the courts have struggled to use slavery as a distinct legal category.

Keywords: judicial interpretation; 1926 definition of slavery; de facto slavery; kunarac; Australian cases; right of ownership; forced labour; legal category

Chapter.  10071 words. 

Subjects: Human Rights and Immigration

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