WPS 2017-01: ‘Old’ Vs. ‘New’ Governance Regulatory Mechanisms to Prevent Human Trafficking

Neli Frost

National legislation to prevent human trafficking globally reflects a commitment, perhaps a moral obligation to take foreigners’ interests into account. The paper examines two types of legislation, the U.S. Trafficking Victims Protection Act (TVPA) and the California Transparency in Supply Chains Act (CTSCA), which represent different regulatory modalities. Whereas the TVPA follows the “old” model of top-down regulation, the CTSCA applies a “new” hybrid regulatory model that involves private actors in regulation. The paper evaluates the justification for both models in light of the theory of sovereign trusteeship. By comparatively analyzing the theory’s application and limitations in both ‘old’ and ‘new’ governance mechanisms, the paper first explores how the trusteeship sentiment translates into legal regulation in each of these governance models, and furthermore, whether and how the involvement of transnational corporations in other-regarding regulation influences its potential to meaningfully take others’ interests into account and promote global welfare.

WPS 01-17 (pdf)