Human trafficking in multinational supply chains

Full title in original language:

Education level:

University

University (18+ years)

Topic / subtopic:

Trafficking in persons / smuggling of migrants

Human-rights based approach to trafficking in persons

Organized crime

Models of organized criminal groups

Target audience:

Teachers / Lecturers, Students, Professors

Type of resource:

Publication / Article

Languages:

English

Region of relevance:

Global

Access:

restricted access: requiring payment

Individual authors:

Laura Ezell

Publication year:

2016

Published by:

Vanderbilt Law Review

Copyright holder:

Contact name and address:

Vanderbilt Law Review

Contact website:

https://wp0.vanderbilt.edu/lawreview/about/about-vanderbilt-law-review/

Key themes:

Links:

Publication

Short description:

When Congress passed the Trafficking Victims Protection Reauthorization Act of 2008 (“2008 TVPRA”), it included language criminalizing and creating civil liability for any person who “knowingly benefits, financially or by receiving anything of value, from participation in a venture” relying on forced labor. This expansion of the law concerning labor trafficking expands the risk to corporations of being held criminally and civilly liable for human trafficking violations from which the corporation financially benefits. In addition to expanding corporate liability, the 2008 TVPRA expands corporate directors’ fiduciary duties. Corporation directors should monitor and eliminate trafficking from the corporation’s labor force and the labor force of its suppliers. Corporate directors who fail to adequately monitor supply-chain trafficking expose the corporation to liability under the Trafficking Victims Protection Reauthorization Act and expose themselves to shareholder derivative suits for failure to comply with fiduciary duties. To minimize this liability risk, directors must implement systems to properly oversee and monitor labor practices of the corporation and its suppliers. The 2008 TVPRA alters the status quo; corporate directors must appropriately respond to changes in the law to fulfill their fiduciary duties and minimize corporate risk of liability for trafficking violations under the statute’s financial benefits language.

Doha Declaration

Education for Justice

Supported by the State of Qatar

60 years Crime Congress