The Failing International Legal Framework on Migrant Smuggling and Human Trafficking

2019 ◽  
pp. 783-800 ◽  
Author(s):  
Yvon Dandurand ◽  
Jessica Jahn
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Migrant Smuggling

International Cooperation to Counter Migrant Smuggling and Human Trafficking through Special Investigative Techniques

2021 ◽  
Vol 3 (4) ◽  
pp. 109-117
Author(s):  
Eugenio Zaniboni
Keyword(s):  
Human Trafficking ◽  
International Cooperation ◽  
Legal Framework ◽  
Organised Crime ◽  
International Commitments ◽  
Migrant Smuggling ◽  
International Coordination ◽  
Investigative Techniques

Abstract The adoption of international coordination measures to spread the use of ‘special investigative techniques’ to combat organised crime effectively is encouraged by Article 20 of the UNTOC. This article discusses, firstly, the main features of ‘undercover operations’ involving, or taking place in, more than one State. It then examines the Italian implementation legal framework, as amended by a new law passed in 2019, seeking to establish whether and to what extent Italy is complying with its international commitments in this field.

What’s in a Name?

2015 ◽  
Vol 4 (1) ◽  
pp. 1-32
Author(s):  
Marika McAdam
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Human Rights Abuses ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Migrant Smuggling

This article explores the challenges involved in differentiating between human trafficking and migrant smuggling, and their implications for human rights protection. Exploitation is dismissed as a hallmark of trafficking, with reference to situations of trafficking that occur without exploitation, and migrant smuggling that involves exploitation. The consent of smuggled migrants is similarly rejected as a signifier of smuggling, given the irrelevance of consent in human trafficking. Discussion of stigmatisation of migrants willing to migrant irregularly, and the simplification of their plight, leads to consideration of rights-based distinctions between the two phenomena. Assumptions made about the types of abuses that occur in trafficking and smuggling scenarios are explained as detracting from human rights protections of rights-holders. Ultimately, it is asserted that the labels of ‘trafficked’ and ‘smuggled’ should not be determined on the basis of human rights abuses, but should be confronted irrespective of which label has been allocated.

scholarly journals ENFORCING JURISDICTION AGAINST VESSELS SUSPECTED OF MIGRANT SMUGGLING AND HUMAN TRAFFICKING

2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez
Keyword(s):  
Human Rights ◽  
South America ◽  
Human Trafficking ◽  
Humanitarian Crisis ◽  
Military Operation ◽  
Migrant Smuggling ◽  
The Future ◽  
The Eu

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.

scholarly journals HARMONIZATION OF ASEAN LAWS ON PROTECTION OF MIGRANT WORKERS AGAINST HUMAN TRAFFICKING

2018 ◽  
Vol 3 (2) ◽  
pp. 99-108
Author(s):  
Zainal Amin Ayub ◽  
Zuryati Mohammed Yusoof
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
National Level ◽  
Legal Protection ◽  
Legal Framework ◽  
New Era ◽  
Asean Country ◽  
Asean Countries

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level.

scholarly journals The Financial Investigation of Human Trafficking in the UK: Legal and Practical Perspectives

2019 ◽  
Vol 83 (4) ◽  
pp. 284-293 ◽  
Author(s):  
Ben Middleton ◽  
Georgios A Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Organised Crime ◽  
Political Agenda ◽  
The Political ◽  
Law And Policy ◽  
Modern Slavery ◽  
The Government ◽  
The Uk

A significant body of law and policy has been directed to organised crime generally, with Human Trafficking remaining high on the political agenda. This article conducts a contextualised study of Human Trafficking in the UK, examining the underpinning legal framework before drawing on the expertise of key professionals in the sector, who have been interviewed for this purpose. It is suggested that it is not so much the legal framework that is the problem, but rather there are a number of practical and policy-related considerations that the government should consider as part of their efforts to combat Modern Slavery and Human Trafficking.

scholarly journals International Business Encounters Organized Crime: The Case of Trafficking in Human Beings

2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Transnational Crime ◽  
Human Beings ◽  
Corporate Behavior ◽  
Governance Strategies ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.

THE PROTECTION OF EUROPEAN UNION CITIZENS VICTIMS OF HUMAN TRAFFICKING IN EUROPE

2016 ◽  
Vol 25 (1) ◽  
pp. 159-178
Author(s):  
Fulvia Staiano
Keyword(s):  
European Union ◽  
Human Trafficking ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Refugee Status ◽  
International Protection ◽  
Eu Member States ◽  
European Court ◽  
Common European Asylum System

On February 2015, Eurostat issued a report highlighting that 65% of registered victims of human trafficking in Europe between 2010 and 2012 were citizens of the European Union (EU). Despite the seriousness of this phenomenon, EU citizens who are victims of trafficking are afforded little protection in the European legal space. First, the multi-level legal framework against trafficking applicable on the Union territory does not recognise clear residence rights to this group. Second, the general freedom of movement granted to all EU citizens under Directive 2004/38 might be precluded to victims of trafficking due to the economic prerequisites required by this instrument. It follows that the granting of refugee status to EU citizens who are victims of trafficking becomes a crucial source of protection. The safe country presumption in force between EU Member States under the so-called Aznar Protocol, however, precludes access to international protection for this group. This article critically reviews the Common European Asylum System, in search of normative and judicial interpretations capable of ensuring a stronger protection of EU citizens who are victims of trafficking. In this context, a special focus is devoted to the jurisprudence of the European Court of Human Rights and of the Court of Justice of the European Union.

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