Should Australia be embracing the modern slavery model of regulation?

Landau, I and Marshall, S 2018, 'Should Australia be embracing the modern slavery model of regulation?', Federal Law Review, vol. 46, no. 2, pp. 313-339.


Document type: Journal Article
Collection: Journal Articles

Title Should Australia be embracing the modern slavery model of regulation?
Author(s) Landau, I
Marshall, S
Year 2018
Journal name Federal Law Review
Volume number 46
Issue number 2
Start page 313
End page 339
Total pages 27
Publisher Australian National University, Faculty of Law
Abstract Australia is following in the footsteps of the UK and US and embracing the discourse and regulatory technologies associated with modern slavery regulation. This paper offers a critical perspective on this development. It begins with a brief account of the concept's rise to prominence, and discusses the political economy in which it is embedded. It then explores some of the advantages, as well as the pitfalls, associated with the frame, and its associated regulatory approaches, techniques and discourse. The authors raise three broad sets of concerns. The first goes to the danger of exclusively focusing on criminal justice responses to penalise and deter those who practice modern slavery while neglecting other approaches that may help address the causes of the phenomenon. The second set of concerns goes to the tendency to exaggerate the transformative potential of one of the dominant regulatory responses in this area: the mandatory corporate supply chain reporting provision. The third set of concerns relate to the implications of addressing issues of worker exploitation and mistreatment through a modern slavery and human trafficking approach rather than through other well established and newer regulatory means. To support the third argument, the authors compare the modern slavery approach with two alternate approaches: labour regulation and human rights due diligence. The authors emphasise the need for vigilance to ensure that the embracement of a modern slavery frame does not shift attention (and resources) away from more thorough and effective means of securing greater corporate accountability for labour standards in supply chains.
Subject Law and Society
Labour Law
Keyword(s) Modern Slavery Act
Labour Exploitation
Regulatory Studies
ISSN 0067-205X
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Created: Tue, 23 Oct 2018, 16:00:00 EST by Catalyst Administrator
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