Case Study: Effective advocacy against law on suppression of human trafficking
By Umakant Singh, Freelance Consultant of HACC
Cambodia’s Deputy Prime Minister Sok An called for anti-trafficking laws to be implemented in a way that did not affect HIV prevention efforts during the closing ceremony of the 3rd National AIDS Conference in Phnom Penh on 12 September 2008.
On 3 March 2008, the Cambodian government passed the Law on the Suppression of Human Trafficking and Sexual Exploitation to comply with US policies. The same month, a number of sex workers were arrested and brothels closed across the country.
The sex workers were sent to rehabilitation centres where they were held in communal cells without bathrooms or running water. They received little food and some reported being beaten or raped. Those living with HIV were reportedly denied antiretroviral drugs (ARVs).
Aside from the more obvious human rights issues involved in such cases, critics of the trafficking law argue that the criminalization of sex work has had a negative impact on the policy of 100% condom use, signed by Prime Minister Hun Sen on 14 October 1999.
In response to the law, a UN theme group on Donor and Civil Society in Cambodia issued a statement on 5 May titled, ‘Protecting Cambodia’s HIV/AIDS Gains: The Public Health Effects of the Kingdom of Cambodia’s Trafficking Suppression Campaign and Law on the Suppression of Trafficking and Sexual Exploitation.’
Prepared in consultation with civil society groups and donors, the statement said “We support the Kingdom of Cambodia’s anti-trafficking efforts and zero tolerance for trafficking of vulnerable persons and sexual exploitation.”
“However, recent anti-trafficking efforts being implemented in Cambodia are having serious negative public health consequences and threaten Cambodia’s remarkable success in cutting HIV prevalence from 2% in 1998 to 0.9% in 2007.”
Many people, including Dr Tia Phalla of the National AIDS...
October 7, 2014
Human TraffickingHuman trafficking is a very complex and horrific system in the global market. It is such an important global issue because it is the third largest international crime industry and generates roughly 32 billion dollars a year. There are many different forms of and reasons for humantrafficking, and each involves a multitude of actors. The most common forms of humantrafficking are slavery, prostitution, and organ trafficking. In each sort of humantrafficking, there is always a victim, a transporter, a recruiter, and a “boss” who collects funds. In some cases, the transporter, recruiter, and leader of the operation may be the same person. Humantrafficking affects everyone in the global community, whether they are aware of it or not. Millions of people each year lose their lives or family members because of humantrafficking, and billions more are proponents of it without even knowing. For example, years ago (and still today), people in Africa were being taken from their homes and forced to work in remote areas to sift for diamonds. It wasn’t until awareness and notions to stop were made that countless of Americans and other members of the global community were made aware that in buying “Blood...
The Parties – Alex Johnson vs. Bethlehem Ice Solutions
Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm.
Key Facts of the Case
Alex was injured on the slopes at Bethlehem Ice Solutions (BIS) when he collided into Craig who walked into his path while he was skiing. The defense may argue contributory negligence but it is a fact that Alex exercised reasonable duty and care while skiing but could not avoid Craig. Defense may also argue assumption of the risk, however, Alex is aware that skiing is a dangerous sport that can inflict bodily harm but he exercised the proper caution while skiing and should not have to be subjected to obstacles and dangerous situations due to the negligence of BIS. The legal principle Causation – cause in fact - comes into...
30 April 2014
Eaton v. Waldrop
Court of Civil Appeals of Alabama, __ So. 3d __ (2010).
45 So.3d 371 (2010)
Court of Civil Appeals of Alabama.
James M. EATON, Jr. v. Bobby Joe WALDROP.
-- March 05, 2010
Type of Action: Right to a trial by jury to set aside a deed
Facts: On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated in Jefferson County ("the property") to Waldrop and Marguerite, jointly with a right of survivorship, and that Waldrop had subsequently fraudulently induced Marguerite to transfer her interest in the property to Waldrop. James and Marguerite requested that the court set aside the deed executed by James transferring the property to Marguerite and Waldrop and requested "other, further or different relief as may be just and proper"; they also demanded a trial by jury. Waldrop answered the complaint on January 26, 2006. Marguerite subsequently died, and James, as the executor of her estate, was substituted as a plaintiff.
The trial court conducted a bench trial on June 11, 2009. At the conclusion of James's case-in-chief, Waldrop moved for a judgment as a matter of 372*372 law, arguing that James had failed to prove that Waldrop had made a representation "with intent to deceive." The trial court granted that motion, and it entered...
...Waller Business Law
Writing Assignment 3 Spring 2014
Chapter 13: Nebraska Beef, Ltd. V. Wells Fargo Business Credit, Inc.
Case Concept Review:
1. How did the court determine that the offer was sufficiently definite?
The offer of the Wells Fargo Business Credit, Inc. was submitted to Nebraska Beef in the form of a letter. When Nebraska Beef engaged in accepting a line of credit from Wells Fargo they entered into a written credit agreement that outlined the terms of the line of credit and the over-advance which contained additional and progressive fees for each additional over-advance loan (the amount over the initial credit limit). With each of the three over-advance lines of credit or advances of money that Nebraska Beef took out with Wells Fargo, a formal written amendment to the original credit agreement was provided. Thus even though there were no new agreed upon terms, it is a sufficiently definite agreement in that Nebraska Beef evidenced their acknowledgement of additional fees through these three previous advances and further they acknowledge receipt of information stating these additional fees.
In fact it was stated in the case that “an offer may be inferred wholly or partly from words spoken or written or from the conduct of the parties or a combination thereof.” In this case clearly the conduct of...
This essay will discuss the Casestudy by firstly identifying four elements of contract, then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise, this essay will evaluate the knowledge of common law and agency relationship.
a) Four essential elements of a contract should be Offer, Acceptance, Intention to create legal relations and Consideration. Firstly, offer, according to Adams(2012), is a full and clear statement of the terms”(p79) send to a party(the offeree) by another party(the offeror). Otherwise there could be a misunderstanding of an invitation to treat or negotiation which are similar statements. If an offer intends to be legally binding, acceptance, by which the offerees can show their agreement of all the terms of the offer, is needed. Acceptance needs to be valid and informing the offeror, while the terms should as same as the previous ones. Another element, i.e. consideration, aims to make sure the promise made is of value. As defined by Jones (2011), the consideration needs to give benefits to the one, who is suffering a loss at the same time. Last but not least, while making an agreement to be legally enforceable, intention to create legal relations is important. While judging whether it is a binding contract or not, the situation to make this contract...
Zhang, Wang and Chang are train drivers. Being unhappy about their work hours and pay, they decided to go on a strike. Not only did they tried to rope in other train drivers, refusals of some to partake in the strike were threatened with bodily harm. In the following, I will discuss the offences of the three china train drivers.
The first offence would be going on a strike.
According to section 6 of the Criminal Law (Temporary Provisions) Act (Chapter 67), it is said that a workman in any other essential services cannot go on strike unless he has given to his employer 14 days’ notice of his intention to strike. This 14 days’ of notice should be given so that some sort of emergency arrangements can be made to ensure a minimum service necessary for the well-being of the public(WFS, 2013., para. 13).
Essential services includes those in water, gas and electricity services, public transport, banking, fire services, drug enforcement, civil defence, pollution, newspaper services, and refuse collection. (Wong, T (n.d. )). Zhang, Wang and Chang are train drivers in Singapore and are considered working for the public transport sector. Public transport is defined as an essential service in the Act and in which Zhang, Wang and Chang failed to give their 14 days of notice. “In an effort to make them succumb to their demands” shows that they did not have any intention to make known to the relevant authority regarding their unhappiness over their work...
...The history of humantrafficking
Although forms of slavery existed before the 1400, the 1400s marked the start of European slave trading in Africa with the Portuguese transporting people from Africa to Portugal and using them as slaves. In 1562, the British joined in on the slave trade in Africa. The development of plantation colonies increased the volume of the slave trade. Later on throughout the 1600s, other countries became more involved in the European slave trade. These included Spain, North America, Holland, France, Sweden, and Denmark.
In 1904, the International Agreement for the Suppression of "White Slave Traffic" was signed and put into action. The purpose of this agreement was to protect women, young and old, from being involved in "white slave traffic." White slavery referred to forcing or deceiving a white woman or girl into prostitution. Some people argue, however, that this act was only put into place in order to control the number of European women who were seeking to find jobs abroad. Still, the agreement stands as a moral action against the trafficking of women.
The League of Nations was founded after the WWI, and had the goal maintaining world peace and also focusing on international issues such as humantrafficking. The Suppression of White Slave Traffic was changed to "traffic in women and children" so...
...matters in detail, and including relevant caselaw to support your arguments:
What are Buyer's potential claims against Seller? What are Seller's potential defences? Who is likely to prevail in the event this case goes to court?
Assume Buyer prevails in his lawsuit against Seller. What damages is Buyer likely to receive from the court?
SUMMARY AND RELEVANT FACTS
In this case Buyer is plaintiff whereas Seller is defendant.
Buyer saw courier van FOR SALE with a telephone number at the price of $25000. Buyer called seller later at night and told him that he could borrow money by next week. Seller demanded $5000 by cheque and to pay remaining by November 1. Buyer mailed the cheque.
Buyer became a major. Buyer spent $1200 on courier service advertisement. Investor loaned buyer $20,000.
Seller refused as he had gotten a better offer of $35,000.Seller offered to deposit the buyer’s un-cashed cheque on conditions for the buyer to pay $20,000 for van + $400 for the next 25 months. Buyer refused his new offer.
The main issue is this scenario is whether it is a valid contract or not. If yes, then what are the rights and damages available to buyer on breach of contract by seller?
The following sections of Australian contract law should be satisfied in order to make this contract valid. (see below)
These elements need to...