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In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

Mezhi Mejbel Mezhi Bathal Alrashedi, Ali (2017) In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking? Doctor of Philosophy (PhD) thesis, University of Kent,. (doi:10.22024/UniKent/01.02.62860) (Access to this publication is currently restricted. You may be able to access a copy if URLs are provided) (KAR id:62860)

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https://doi.org/10.22024/UniKent/01.02.62860

Abstract

This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main international instrument that governs trafficking, namely the United Nations Trafficking Protocol 2000 (UNTP). The GCC countries also have ISL as one of their main sources of law. With particular reference to Kuwait in the context of the Gulf region, this thesis examines how national, international, and religious legal frameworks impact the fight against trafficking in the region, and evaluates the strengths and weaknesses of current laws, such as anti-trafficking laws and labour laws. It also seeks to demonstrate the links between the principles of international law and ISL, as such an overlap can provide the basis for further reform in relation to the prevention of trafficking and increased protection for victims. The thesis also discusses trafficking in persons and labour exploitation in the context of criminal justice. The UK was selected as an example of a country that has addressed trafficking, in particular labour exploitation and how Kuwait can learn from the UK. The thesis also assesses the effectiveness of the International Criminal Court (ICC) in combating trafficking in persons, in particular women and children, which is recognised by Article 7(2) of the statute under the definition of an act of enslavement in the context of crimes against humanity. The thesis concludes by making recommendations for change at the national, regional, and international levels to strengthen cooperation in combating trafficking in persons, which is the modern form of slavery.

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Uglow, Steve
Thesis advisor: Grief, Nick
DOI/Identification number: 10.22024/UniKent/01.02.62860
Additional information: The author of this thesis has requested that it be held under closed access. We are sorry but we will not be able to give you access or pass on any requests for access. 16/07/21
Uncontrolled keywords: Human Trafficking, International Law, International Criminal Law, International Criminal Court, Islamic Sharia Law, Kuwait, The Gulf Cooperation Council
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: System Moodle
Depositing User: System Moodle
Date Deposited: 16 Aug 2017 13:10 UTC
Last Modified: 16 Jul 2021 09:25 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/62860 (The current URI for this page, for reference purposes)
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