The International Law Of Human Trafficking

Author: Anne T. Gallagher
Publisher: Cambridge University Press
ISBN: 1139492071
Size: 34.62 MB
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Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.

Slavery In International Law

Author: Jean Allain
Publisher: Martinus Nijhoff Publishers
ISBN: 9004186956
Size: 49.97 MB
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Slavery in International Law sets out the law related to slavery and lesser servitudes, including forced labour and debt bondage; thus developing an overall understanding of the term human ‘exploitation’, which is at the heart of the definition of trafficking.

The International Law Of Migrant Smuggling

Author: Anne T. Gallagher
Publisher: Cambridge University Press
ISBN: 1107015928
Size: 25.47 MB
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Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

Human Trafficking And Slavery Reconsidered

Author: Vladislava Stoyanova
Publisher: Cambridge University Press
ISBN: 110817955X
Size: 47.39 MB
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By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.

Trafficking In Human Beings

Author: Silvia Scarpa
Publisher: Oxford University Press on Demand
ISBN: 0199541906
Size: 77.15 MB
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This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.

International Law And Transnational Organized Crime

Author: Professor of Criminal Law Criminal Procedural Law and Philosophy of Law Pierre Hauck
Publisher: Oxford University Press
ISBN: 0198733739
Size: 60.51 MB
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Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organized crime. The existence of the UN Convention against Transnational Organized Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organized Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organized crime. The volume analyses transnational organized crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.

The International Politics Of Human Trafficking

Author: Gillian Wylie
Publisher: Springer
ISBN: 1137377755
Size: 61.30 MB
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This book explores the international politics behind the identification of human trafficking as a major global problem. Since 2000, tackling human trafficking has spawned new legal, security and political architecture. This book is grounded in the premise that the intense response to this issue is at odds with the shaky statistics and contentious definitions underpinning it. Given the disparity between architecture and evidence, Wylie asks why human trafficking has become widely understood as a threat to personal and state security in today's world. Relying on the idea of 'norm lifecycle' from constructivist International Relations, this volume traces the rise and impact of anti-trafficking activism. Global common knowledge about trafficking is now established, but at a cost. Taking issue with the predominant framing of trafficking as sexual exploitation, this book focuses on how contemporary globalization causes labour exploitation, while the concept of trafficking legitimates states' securitized responses to migration.

Transnational Crime And Human Rights

Author: Susan Kneebone
Publisher: Routledge
ISBN: 0415594251
Size: 13.30 MB
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"Despite the international community's attempts to offer a coordinated response to the issue of human trafficking in the twenty first century, there are indications that the trafficking is actually on the increase, and is a growing part of the global economy. This book offers an evaluation of responses to the transnational crime of human trafficking and governance of the issue through a case study of the Greater Mekong Subregion (GMS) which comprises Cambodia, the People's Republic of China, Lao People's Democratic Republic, Myanmar, Thailand, and Vietnam. It analyses the international and national legal and policy frameworks and the role of governments, international and national non-governmental institutions, and regional processes, in responding to trafficking issues in the GMS. The book is based on the findings of a three year study conducted in the region, involving interviews with more than sixty individuals from relevant organizations and agencies, and examines the social, political and historical factors, including gender and age, labour exploitation and migration which are background to human trafficking issues in the GMS. The book does not just consider sex trafficking but also looks at labour trafficking and other forms of trafficking such as forced marriages and false adoptions.The advantages and limits of the new international framework for tackling human trafficking are explored from the perspective of the region's experience with international and national multi-lateral programmes, illustrating how the new international framework for tackling human trafficking has translated into practice. The book considers issues about competing mandates, and gaps in strategies for protection and concludes with a discussion of broader lessons to be learned from the GMS situation and suggestions for future governance strategies in the fight against trafficking"--

Trafficking Of Human Beings From A Human Rights Perspective

Author: Tom Obokata
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154051
Size: 70.95 MB
Format: PDF
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It has been widely accepted that trafficking of human beings is a human rights issue. However, it has been difficult to address the human rights aspects of the phenomenon in practice, because a comprehensive analysis of applicable human rights norms and principles has not been fully developed, and therefore the nature of obligations imposed upon States is not entirely clear. The purpose of this book, then, is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in trafficking of human beings, articulate obligations imposed upon States, and facilitate a holistic approach. The book also contains chapters on case studies at the national, regional, and international levels, thereby combining the theory and practice.