The Concept of Modern Slavery: Understanding the Legacy of Slavery and its Contemporary Forms in International Law

Almost a century after the adoption of the Slavery Convention in 1926, which formally prohibited slavery in international law, the non-legally defined concept of ‘modern slavery’ has emerged in international human rights discourse over the last two decades. This has led to a number of controversies and questions about its meaning, its relationship to historical slavery and its legal status in international law. How does the international ban on slavery affect its contemporary manifestations? Can a person still be a slave without being legally owned? Does the discourse on modern slavery contribute to the anti-slavery cause and to the understanding of the concept of slavery, or is it merely a means to achieve various ends? Existing literature often fails to adequately consider historical context, leading to a fragmented understanding of slavery. This thesis takes a holistic approach in answering these questions, rejecting a strict dichotomy between ‘old’ and ‘new’ slavery, to explore the phenomenon of slavery comprehensively. It examines the influence of slavery's legacy on contemporary manifestations and analyses philosophical discourse’s role in shaping narratives. It explores the scope of modern slavery and places it in the context of slavery as a whole, drawing lines and boundaries between the two. By re-examining the legal definition in Article 1 of the 1926 Slavery Convention and assessing its relevance through contemporary case law, this thesis argues that modern manifestations fall within the scope of the Convention. Emphasising the need to contextualise contemporary forms within the broader framework of slavery, the thesis highlights the interconnectedness of past and present, proposing a nuanced understanding that bridges historical roots with modern challenges.