Friday, November 7, 2014
Immigration Article of the Day: Human Trafficking: Identifying Forced Labor in Multinational Corporations & The Implications of Liability by Tara Marie Parente
Human Trafficking: Identifying Forced Labor in Multinational Corporations & The Implications of Liability by Tara Marie Parente, Barry University - Dwayne O. Andreas School of Law December 14, 2013 Brazilian Journal of International Law, Forthcoming
Abstract: This paper explores multinational corporations and use of human trafficking. More specifically, the type of human trafficking depicted in this paper deals with the use of forced labor. Multinational corporate involvement within the use of forced labor is explored and the depth regarding criminal and civil modes of corporate liability is explained. The main purpose of the paper is to exemplify how multinational corporations contribute to the increase of human trafficking practices and how difficult it is to assess liability or punishment for these violations. Unfortunately, the human trafficking industry is consistently increasing, due to its prevalence in the corporate world. There are laws and acts that have been created that prohibit the use of human trafficking, yet due to jurisdictional implications, regarding foreign-based corporations and extenuating costly litigation, the laws do not become effective for assigning liability. The ambiguities and lack of transparency in corporate structures along with the narrow reach of U.S. laws, creates an inability for victims to seek appropriate justice. The fight against human trafficking diminishes when multinational corporations use forced labor practices within business models.