78222 Law of Slavery and Human Trafficking
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 70311 Torts) OR (70106c Principles of Public International Law AND 70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice)) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76034 Law of Slavery and Human Trafficking AND 78223 Law of Slavery and Human Trafficking
Description
This subject examines and evaluates the evolution of international and domestic legal responses to human trafficking and modern slavery. Slavery, servitude, forced labour, forced marriage and human trafficking are transnational crimes and violations of human rights. Students investigate and evaluate developments in international and domestic legal responses to human trafficking and modern slavery, within an international law and human rights framework. While the subject addresses international law, it also examines the practical application of the law of slavery and human trafficking in the Australian context. Key areas of focus include: the international legal framework; legal definitions, including the concept of ‘modern slavery’; domestic responses to human trafficking and modern slavery; the intersection between migrant worker exploitation and ‘modern slavery’; the gendered dimensions of slavery; human trafficking and international refugee law; and slavery and trafficking in persons as a crime against humanity. State responsibility at international law is examined to develop students' understanding of the obligations to protect and support victims of slavery and trafficking in persons, as well as provide access to effective remedies.
Students conduct independent legal research about critical issues in the evolution of international and domestic legal responses to human trafficking and slavery. Students collaborate with peers to examine critical issues raised in recent Australian reviews of Modern Slavery Act 2018(Cth) and the criminal justice response, as well as international and domestic jurisprudence. Drawing on recent cases, news reports and research, students critically evaluate the law of slavery and human trafficking in practice and deploy their legal research skills to contribute to current law and policy reform debates.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and analyse the social and legal contexts underpinning slavery and human trafficking and evaluate international obligations and the role of international agreements in the development of effective responses internationally and in the domestic sphere, including criminal justice responses. |
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| 2. | Critique and evaluate international and domestic legal definitions, legal frameworks, and propose improvements to state responses to slavery and human trafficking including through legislative reform and criminal justice processes. |
| 3. | Apply research and evidence related to slavery and human trafficking to formulate and refine workable responses to prevent trafficking, protect those trafficked and improve monitoring mechanisms and responses. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Learning through preparation, research and online modules
Students are expected to complete Canvas online learning modules and readings prior to the first face-to-face class and to contribute to online discussions on Canvas in a professional and collegial way. Preparation will ensure students can participate actively in class activities and develop their research skills.
Strategy 2: Engagement with lectures, subject experts, and the law of slavery and human trafficking in practice
Lectures and expert sessions introduce, explain and develop knowledge, and outline major concepts, theories and principles. Guest panelists contribute practical and international knowledge, providing experience and expertise highlighting the real-world complexity of this area of law. Through discussion students develop a strong foundation in key theoretical principles, complemented by a practitioner’s view of how the law is applied.
Strategy 3: Active seminar engagement, collaboration and seeking feedback
Students critically evaluate contentious issues in the Law of Slavery and Human Trafficking through collaborative engagement with peers in a research, development and pitching process during class. All students should bring along their mobile devices or laptop/computers to undertake in-class research for their group pitch. Students take ownership over their own learning by collaborating in small groups to analyse areas of particular need and leading their peers to prioritise the issues that will be addressed by the class. Throughout the subject students continue to provide peer support, advice and feedback in small groups as they develop their research outcomes. Students also debrief and support each other in discussions with the subject coordinator as they work with the often-confronting subject matter.
Strategy 4 Independent planning, research and development
Students are introduced to the research approaches and methods in this area through their individual preparation and in class discussions. Following the first class, students select the area they will research and prepare a proposal (Assessment task 1) for their work on a research based outcome (Assessment task 2). This approach mirrors the experience of professional researchers and prepares students to actively contribute to developing and implementing solutions that draw on the best existing knowledge. By receiving early feedback regarding their research proposal, students are able to develop their research and writing skills, critical analysis and reflective learning.
Strategy 5: Reflection and Feedback
Reflection and feedback is essential for learning and feedback is provided through consistent subject coordinator feedback during active engagement in class discussion, self-assessment, and critical engagement and collaboration with peers.
Subject Delivery:
An introductory session, five intensive sessions with additional self-paced online learning modules.
Content (topics)
Topic 1 - International and domestic context of slavery and human trafficking
Topic 2 - Australia’s response to slavery and human trafficking including the effectiveness of the Modern Slavery Act and the criminal justice response to slavery and trafficking persons, vulnerability to slavery and human trafficking, identification procedures, and state responsibility for trafficking and slavery.
Topic 3 - International obligations to protect and support trafficked people and provide access to remedies
Topic 4 - What works to address modern slavery? Issues of compliance, evaluation, and effectiveness.
Topic 5 - Specific legal issues: the principle of non-punishment, corporate responsibility for modern slavery in supply chains and other emerging issues.
Assessment
Assessment task 1: Research essay proposal
| Intent: | This assessment task provides students with the opportunity to develop their ability to draft a concise abstract for a research proposal. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 20% |
| Length: | 500 words |
| Criteria: |
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Assessment task 2: Research Outcome
| Intent: | In this task students build on assessment 1 through feedback and with a focus on outcomes for their selected stakeholder group. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 60% |
| Length: | 2499 words |
| Criteria: |
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Assessment task 3: Class Participation assessment
| Intent: | In this task students practise and receive feedback on how to reflect deeply and articulate a response to this important and, at times, challenging area of the law and practice. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
| Weight: | 20% |
| Length: | N/A Oppositional self-assessment rubric + shadow grade and comment. Final grade (no comment). |
| Criteria: |
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Required texts
Anne Gallagher, International Law of Human Trafficking, (Cambridge University Press, 2010).
This textbook is available online through the UTS library and there are copies available for loan.
Recommended texts
Berg, Laurie, Migrant Rights at Work: Law's Precariousness at the Intersection of Immigration and Labour. London: New York, 2016, chapter 8.
Gallagher, Anne T, The International Law of Migrant Smuggling, New York: Cambridge University Press, 2014.
Nolan, Justine and Martijn Boersma, Addressing Modern Slavery (NewSouth Publishing, 2019).
O'Connell Davidson, Julia, Modern Slavery: the margins of freedom. Houndmills, Basingstoke, Hampshire; New York, NY: Palgrave Macmillan, 2015.
Vijeyarasa Ramona, Sex, Slavery and the Trafficked Woman: Myths and Misconceptions About Trafficking and its Victims (Routledge, 2015).
References
Please refer to the Canvas site for a list of required readings, recommended readings, and references.
Other resources
Please refer to Canvas and the subject modules for a list of resources.