International Law Case Study: Analyzing Child Trafficking CLN4U

This case study analyzes the complex issue of child trafficking, specifically focusing on the trafficking of children from Cambodia to Thailand for forced labor and prostitution. It examines the roles and responsibilities of the United Nations in addressing such situations, drawing upon international laws and conventions designed to protect children from exploitation. The analysis includes perspectives from natural and positive law philosophers, exploring how each approach would address the conflict. Furthermore, the study considers potential actions Canada could take to help resolve the conflict and proposes comprehensive solutions to combat human rights violations associated with child trafficking. The document concludes by emphasizing the importance of international cooperation in fighting against human trafficking and upholding human rights.

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Student’s Name
Instructor’s Name
Course Title
Date
International Law
Part B
What would the United Nations be required to do in the situation, if anything?
The protection of children from sexual exploitation has for quite a long period been an
issue of a lot of concern primarily by the multinational community. Consequently, it has led
to the establishment of essential standards over time to make sure that children are
safeguarded from sexual abuse as well as from other slavery practices such as prostitution,
sale, and pornography (Greenbaum et al., 567). On the same note, these issues have also been
figured conspicuously on the agenda human right mechanisms and bodies. Therefore, the best
way for the United Nations to fight against human trafficking it should do the following:
 Carry out both national, regional, and multinational workshops;
 Intensify awareness of the children rights violations;
 Undertake fact-finding missions to evaluate the trends associated with human
trafficking;
 Support to avert as well as tackling the cause of the sexual exploitation of children.
Research a similar case post-1945 and explain what the United Nations did in the
situation. What is the precedent that was set?

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Though the idea of human right is abstract, the manner in which it is applied directly
and expansively has an effect on all peoples’ day-to-day life internationally. There are many
people who have suffered crime against humanity (Thakur). For instance, over the last decade
specifically millions of people have suffered in the hand of authoritarian regimes by being
denied both political as well as civil freedom. Thus, the concept of human rights has a long
history. However, it is only in the past century whereby the multinational community decided
to galvanize a rule to enhance and safeguard individuals from further suffering. Specifically,
since the launching of United Nations in 1945, global leaders have been working together to
codify human rights in a unanimously recognized organization of treaties, norms in addition
to institutions. As a result, the formation of the United Nations has led to the development of
a worldwide system of governance that is working round the clock to support human rights
both at local and international level.
Accordingly, through teamwork, facilitated through the formation of the UN, its
players have realized a remarkable success, even though institutionalization and well as the
implementation of dissimilar rights is developing at a different pace. The response to mass
violence has seen the greatest advancement, even though its enforcement stands to be
inconsistent. The imperative to offer individuals with sufficient public health care is strongly
set in across the world since enough resources have been devoted to the challenge
(Constantinou, 477). Similarly, the right to freedom from slavery in addition to forced labor
has been included in the national and global institutions. Thus it has promoted from high-
profile pressure to combat forced labor as well as human trafficking. Certainly, the steady
accumulation of human right-linked conventions has been on the rise to support a majority of
the nations to do more in efforts to execute binding legislation in their rulings as well as
constitutions.
How would a natural law philosopher approach the solution?

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Basing on the natural law philosopher, natural law is “the right reason in covenant
with nature.” Therefore, it is “immutable and universal” and “unchanging as well as eternal”
and existent at all times and in all locations to people whose duty entails establishing and
developing of regulations. As a result, D'Entreves argue that human laws should be derived
based on their legal quality as well as the power to muddle in sense of right and wrong from
natural law, directed by a reasonable evaluation of the shared good. Thus, the content of rule
should be realized from the initial principle of natural law that comprise for instance, that
there is no person who is supposed to harm another. Therefore, any law that conflicts is a
corruption of the law, and it is not binding. In connection with the violation of human rights,
this act is not binding because it goes against the natural law of justice.
How would a positive law philosopher approach the solution?
Certainly, given the fact that the significance and role of the human right are
recognized, it is supposed to be treated as an undoubtedly a positive phenomenon. The entire
civilization is supposed to be constructed on the basic recognition as well as the protection of
human rights, particularly, bearing in mind the horrors that were done by the Second World
War. In accordance to positive philosophers, it should not be allowed again for this tragedy
ever fade away from the international awareness of humankind since it is there to protect all
human beings from the tragic occurrence to repeat. As a result of the trauma that was left by
the Second World War as well as the totalitarianism that is Nazism and Communism that
impacted the whole world’s population, it has aided academicians, philosophers, politicians
in addition to regular individuals to realize that, countries, people and states have to recognize
the complete character of human rights and guarantee them with protection (Carothers).
Consequently, due to the global awareness regarding the need to human rights, it led to the
enactment of some vital legal bodies such as The International Convention on Civil and
Political Rights, The Universal Declaration of Human Rights. Therefore, according to a

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positive law philosopher, these treaties were put in place to make sure that the horrible
happenings that took place during the Second World War do not happen again.
What will Canada do to help/solve the conflict?
There is a range of ways through which the Canadian government can use to help
resolve the human violation conflict. These ways include working in multifaceted forums to
fortify global laws, advocating for open civic space and human rights, leveraging a
partnership with other nations and funding of civil society organizations grant agencies as
well as providing public recognition to human rights defenders for the achievements they
have attained (Jones).
What would be your solution to the conflict?
In my opinion, human rights violations is a big challenge that not only faces Canada
as a nation but the world as a whole. Therefore, it is high time that all nations should come
together and help fight against human trafficking because it has become prevalent due to
overlooking of the human rights. Certainly, working together will help to combat the problem
unlike leaving to a specific nation.

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Works Cited
Jones, Martin. "Protecting human rights defenders at risk: asylum and temporary international
relocation." The International Journal of Human Rights 19.7 (2015): 935-960.
Carothers, Thomas. "Closing Space for International Democracy and Human Rights
Support." Journal of Human Rights Practice 8.3 (2016): 358-377.
D'Entreves, Alexander Passerin. Natural law: an introduction to legal philosophy. Routledge,
2017.
Thakur, Ramesh. The United Nations, peace, and security: from collective security to the
responsibility to protect. Cambridge University Press, 2016.
Constantinou, Angelo G. "Harming the very people whom the law is seeking to protect? The
nexus between international, European Union and domestic law on human trafficking and
undercover police operations." New Journal of European Criminal Law 8.4 (2017): 476-495.
Greenbaum, Jordan, James E. Crawford-Jakubiak, and Committee on Child Abuse and
Neglect. "Child sex trafficking and commercial sexual exploitation: health care needs of
victims." Pediatrics 135.3 (2015): 566-574.