From 'universal' acceptance of slavery to its 'universal' prohibition: Some remarks on the prelude to Article 4 UDHR

For most of human history, slavery was a common practice among nations. It was generally regarded as legitimate in the sense that it was consistent with the law. Exemplary in this respect is the view of the Romans, who emphasised that it was part of the ius gentium, the law shared by all nations. Only in the eighteenth century was slavery seriously criticised by the writers of the Enlightenment and by certain religious communities. In Britain, this criticism was taken up by the general public, exerting substantial pressure on the British government to take action against the slave trade and to compel other countries to join the effort. Thus, for the first time in history, international law was used to create and enforce a human right. After two centuries, these efforts culminated in the prohibition of slavery in Article 4 of the UDHR. Today, almost all states have included a similar prohibition in their domestic legal system; finally, slavery is no longer acknowledged by the ius gentium.