
Contents
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1 Introduction 1 Introduction
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2 Overview of Myanmar’s Legal System 2 Overview of Myanmar’s Legal System
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3 Burma/Myanmar and the Prohibition on Forced Labour 1907–1996 3 Burma/Myanmar and the Prohibition on Forced Labour 1907–1996
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4 ILO Commission of Inquiry 1997–8 4 ILO Commission of Inquiry 1997–8
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5 ILO Monitoring from 1999 5 ILO Monitoring from 1999
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6 Doe v Unocal Case (1997) 6 Doe v Unocal Case (1997)
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7 Myanmar and Forced Labour during the Transition to Democracy from 2010 7 Myanmar and Forced Labour during the Transition to Democracy from 2010
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8 Epilogue: The Protocol to ILO Convention No 29 8 Epilogue: The Protocol to ILO Convention No 29
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9 Conclusion 9 Conclusion
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22 Myanmar
Get accessCatherine Renshaw is Deputy Dean and Associate Professor at the Thomas More Law School, Australian Catholic University, Sydney, Australia.
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Published:04 October 2019
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Abstract
This chapter discusses international law in Myanmar. The efforts of the International Labour Organization (ILO) Commission of Inquiry to eradicate the use of forced labour in Myanmar, and the nature of the military regime’s response to these efforts, represent a remarkable chapter in the history of international law. Of note, first, is the determination of the ILO to test the limits of its power to enforce compliance with the resolutions of its governing body. Second, Myanmar’s engagement with the ILO clarified the vexed issue of what constitutes a peremptory norm of international law. Third, civil litigation in the United States around the issue of forced labour by transnational corporations in Myanmar uncovered the scope and potential for domestic courts to apply international law. Finally, Myanmar’s variable and often extreme responses to the Commission’s findings demonstrate the dynamics of state resistance to and engagement with international law.
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