Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.
By Stéphane Brabant and Elsa Savourey Companies are currently establishing their first vigilance plans and preparing to effectively implement them. However, clarifications are still needed with regard to the interpretation and practical application...Read More
Using a unique data set based on factory audits of working conditions in over 800 of Nike's suppliers in 51 countries, this paper seeks to explore whether or not monitoring for compliance with corporate codes of conduct -- currently the principal wa...Read More
The world is currently experiencing multiple crises with serious humanitarian consequences. Armed conflicts, terrorism, climate change-induced disasters, the lingering COVID-19 pandemic and other health emergencies, as well as rising economic and fo...Read More
Until December 2000, the term “trafficking in persons” was not defined in international law, despite its incorporation in several international legal instruments. The long-standing failure to develop an agreed-upon definition of trafficking in p...Read More
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