Prabha Kotiswaran, ed., Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery (Cambridge: Cambridge University Press 2017).
Perry, Mike
Prabha Kotiswaran, ed., Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery (Cambridge: Cambridge University Press 2017).
Prabha Kotiswaran, ed., Revisiting the Law and Governance of
Trafficking, Forced Labor and Modern Slavery (Cambridge: Cambridge
University Press 2017)
As NEIL GAIMAN admonished: "the law is a blunt
instrument." Transnational scholar Peer Zumbansen notes that
violence and vulnerability accompany the law. Still, discourses of human
trafficking --popular, political, and scholarly--tend to focus on the
law, almost invariably on criminality and enforcement.
Prabha Kotiswaran's latest contribution to much-needed
scholarship on trafficking, forced labour, and contemporary slavery
readily acknowledges the "sheer ineffectiveness of anti-trafficking
law." (6) Blunt in airing a usually unstated anxiety in
anti-trafficking work, Kotiswaran identifies the paucity of outcomes of
anti-trafficking law as fundamentally problematic to its continued
prioritization. But are these not statements against interest for a book
on human trafficking law? No. Kotiswaran's project is to
"decentre" (7) trafficking from the law.
An edited work, Kotiswaran's goal is to produce a volume of
"socio-legal" (5) analysis of the law and policy related to
trafficking, forced labour, and modern slavery. To navigate the
"chaos" (6) of the anti-trafficking landscape that features
weak institutionalization; poor direction; symbolic compliance;
dysfunctional definitional discord; and the conflation of trafficking
with both slavery and forced labour, Kotiswaran strives to articulate a
transnational legal lens beyond criminal and international law
approaches and traditional global geographies.
Kotiswaran's formulation of a pluralist transnational law
approach provides a valuable analytical tool that encompasses a
multiplicity of the tense and impactful factors--e.g. public and private
legal process; informal and "soft law"' sources; and
action by non-state actors--that simultaneously cause, reproduce, and
combat human trafficking. In so doing, Kotiswaran moves beyond simply
referencing the tensions inherent in anti-trafficking inquiry,
acknowledging--and seeking to take on --the "mess,"
"paradoxes," (5) and buried issues in anti-trafficking work.
To this end, Kotiswaran's book is presented in five parts.
Part I provides an historical context of international law --including
its difficulties--to address human trafficking. Part II offers a legal
realist critique of anti-trafficking law. Part III canvasses the role
and influence of non-state actors and the move of anti-trafficking
regulation from government to governance. Part IV focuses on the role of
the International Labour Organization (ILO) in producing data on
trafficking and the ILO'S influence in concluding the 2014 Protocol
on Forced Labour. Part V examines the political economy of labour and
evaluates anti-trafficking frameworks for domestic workers. Kotiswaran
concludes the book by offering an agenda for research on mobility,
migration, and the potential of the law.
While intended to provide a work on trafficking, forced labour, and
modern slavery significant for its non-legal range, the book does
primarily engage the transnational legal order and a transnational legal
approach. In this way, it seems to fall somewhat short of the very
ambitious extra-legal project set out in its Introduction.
The book certainly contains brilliant (re-) thinking of much of the
speculative intuition that motivates human trafficking law and policy
responses and data collection. However, somewhat restrictively--albeit
helpfully--the book focuses on definitional issues and debates,
migration, and domestic work, tending to present, if not privilege,
these features as the core of the contemporary labour trafficking
transnational legal order.
Also, while providing valuable insights into the law and effects of
forced labour, trafficking, and slavery, the book's goal of
interrogating trafficking from an interdisciplinary perspective to
ensure a full critique seems not fully realized. The book succeeds in
highlighting the multi-dimensional nature of trafficking, especially
beyond the criminal law, and its contributors' diverse perspectives
fulfill the book's stated ends of "mapping the ...
paradigms" (46) of trafficking and reexamining the fundamental
assumptions of trafficking law. However, a still broader and more
intentionally applied interdisciplinarity and inclusion of additional
theoretical perspectives--environmental, Indigenous, anti-colonial,
Marxist --would have amplified the book's scope and originality,
and ensured the expectations raised in its Introduction were unarguably
met, if not exceeded.
In terms of methodology, while the book does include instructive
case studies and ethnography in interviews recounting the experiences of
trafficked workers, for the most part it employs traditional legal and
policy analysis. Inclusion of more materialist, empirical, and
unconventional research approaches would have made for a stronger and
more innovative work.
In addition, fewer calls to action are contained in the book than
expected. Concrete recommendations based on rigorous research and
methodologically-sound data are greatly needed to combat trafficking,
forced labour, and modern slavery. Kotiswaran herself does propose an
insightful agenda for future anti-trafficking research focusing on a
"distributively motivated" (39) approach and calling for more
legal ethnographic research.
Finally, in a book on labour, a wholesale challenge of the
contemporary economic system--capitalism--is conspicuous by its absence.
The book does investigate the political economy of labour and
acknowledges that exploitation is a hallmark of --not an exception
to--global capitalism: an enforced legal and policy system not simply an
aberration perpetrated by immoral individuals. Part II of the book
identifies the state's role in ensuring migrants serve neoliberal
capitalism, but extra-state remedies and systemic transformation are not
explored. Moreover, for Kotiswaran, rather than being exceptional or
requiring transformational redress, trafficking embodies
"regulatory predicaments" (7) similar those of other issues
confounded by globalization. But what of the contributions to
trafficking, forced labour, and modern slavery of the circuits of
globalized capital themselves? Even the book's articulated labour
approach to anti-trafficking encompasses primarily human rights and
migration issues best addressed structurally by legal remedies and law
reform rather than economic reorientation. Notions of corporate social
responsibility--with trade unionism as accountability--and
"redemptive capitalism" are expounded, but their need not
assigned to any systemic causations. Immigration controls are argued to
be perhaps the "single biggest legal factor contributing to modern
day slavery." (25) Qualified as a legal factor this is true. But
what about the exploitation inherent in capitalism, the very structure
of the relationships in which slavery manifests? In this way,
Kotiswaran's book misses the opportunity to de-exceptionalize and
externalize trafficking not only beyond individuals and "domestic
abuses" but to capitalism itself. The abolition of slavery in the
United States was not an exercise in law reform. Efforts to end slavery
challenged and transformed an entire slavebased economy. Accordingly,
any study of trafficking and slavery that does not expressly interrogate
and challenge the fundamental basis of the free market--the exploitation
inherent in capitalist labour and social relations--is incomplete.
Kotiswaran's book is still a significant contribution to
re-examining the law and governance of trafficking, forced labour, and
modern slavery, true to its title. Its insights are very important and
the book provides interdisciplinary perspectives, helpfully challenging
traditional trafficking discourses from their usual legal and policy
assumptions and illuminating the implication of the state.
The book is an excellent challenge to traditional narratives, data,
and hubris of anti-trafficking work. However, overall its overarching
transnational legal approach does seem to imply that the law--albeit not
simply criminal law--can remedy trafficking and forced labour.
Kotiswaran is quick to recognize this and other limitations of the book,
regarding writing an inherently imperfect and "myth-making"
(46) enterprise.
Given its excellent contribution to reflective, critical analysis
of the fundamentals of law and human trafficking, Revisiting the Law and
Governance of Trafficking, Forced Labor and Modern Slavery should be
read by as many scholars, practitioners, and activists as possible,
while transforming the global economy.
MIKE PERRY
Trent University
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