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 Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

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.

The Ratifications

2020 ◽  
pp. 83-104
Author(s):  
Paul Craig
Keyword(s):  
International Level ◽  
Legal Perspective ◽  
The Uk ◽  
Domestic Law ◽  
Legal Consequences ◽  
The Eu

This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.

4. EU legislative powers

2020 ◽  
pp. 88-122
Author(s):  
Sylvia de Mars
Keyword(s):  
Transition Period ◽  
International Agreements ◽  
Soft Law ◽  
Eu Law ◽  
Principle Of Proportionality ◽  
The Uk ◽  
The Impact ◽  
Legislative Processes ◽  
Domestic Law ◽  
The Eu

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.

Child trafficking victims and legal guardians: Exploring the fulfilment of the EU trafficking directive in the context of the UK modern Slavery Act 2015 – Best practice or not fit for purpose?

2019 ◽  
Vol 10 (2) ◽  
pp. 107-127 ◽  
Author(s):  
Amy Weatherburn ◽  
Yvonne Eloise Mellon
Keyword(s):  
United Kingdom ◽  
Legal Framework ◽  
Child Victims ◽  
Slight Variation ◽  
Human Beings ◽  
Child Trafficking ◽  
The United Kingdom ◽  
Modern Slavery ◽  
Trafficking Victims ◽  
The Eu

Child victims of trafficking are recognized as particularly vulnerable victims, who require additional protection and support and a more rigorous legal framework. The regional anti-trafficking instruments 1 explicitly enforce the importance of protecting child trafficking victims, requiring Member States to ‘appoint a guardian or a representative for a child victim of trafficking in human beings from the moment the child is identified by the authorities’. 2 The problem of child trafficking and exploitation has received increased attention in England and Wales in recent years, with record number of minors referred to the National Referral Mechanism in 2016. Running parallel to this are the apparent failings of the domestic social care system to safeguard not only trafficked children but also those who are seeking asylum or unaccompanied. Over a quarter of officially identified trafficked children were found to have gone missing between 2014 and 2015. 3 Across the United Kingdom when transposing the European Union (EU) legal framework, the Government maintained that existing provisions by local authorities under their statutory child protection obligations, including social workers and independent reviewing officers, fulfilled the guardian requirements in the Directive. The Modern Slavery Act 2015 has placed significant emphasis on reforming the approach to the protection for child trafficking victims, culminating in the introduction a specific statutory provision establishing Independent Child Trafficking Advocates (ICTAs). 4 Such a scheme is the first guardian of its kind, designed specifically for child trafficking victims in Europe. Taking into account the recent evaluation of pilot schemes, 5 and the slight variation in approach taken in the devolved jurisdictions of the United Kingdom, 6 this article will consider the extent to which the protection of child trafficking victims under the jurisdiction of the Modern Slavery Act 2015 is sufficient to fulfil the legal positive obligations imposed by EU Law. This article will demonstrate that as it stands the Modern Slavery Act 2015 fulfils the obligations of the EU Trafficking Directive in relation to the protection of child trafficking victims. However, its fully effective enforcement requires further efforts in policy to ensure that these legal obligations are implemented in practice.

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.

International Cooperation in Combating Human Trafficking in the EU: Evidence from Turkey

2012 ◽  
Vol 20 (1) ◽  
pp. 39-64 ◽  
Author(s):  
Gönül Oğuz
Keyword(s):  
National Security ◽  
Human Trafficking ◽  
International Cooperation ◽  
Organised Crime ◽  
Human Smuggling ◽  
Human Beings ◽  
Member States ◽  
Eu Member States ◽  
Irregular Migrants ◽  
The Eu

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.

scholarly journals New challenges in the problem of combating human trafficking in Ukraine

2021 ◽  
Vol 10 (44) ◽  
pp. 28-37
Author(s):  
Larysa Danylchuk ◽  
Danylo Yosyfovych ◽  
Yaroslav Kohut ◽  
Yuliia Todortseva ◽  
Petro Kozyra
Keyword(s):  
Theoretical Analysis ◽  
Human Trafficking ◽  
Empirical Analysis ◽  
Genetic Material ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Scientific Fields

The article presents the author’s results of theoretical and empirical analyzes of challenges in combating human trafficking in Ukraine. Theoretical analysis showed that human trafficking is an interdisciplinary problem and is represented by a number of studies by scientists in various scientific fields in the domestic and foreign scientific space. It has been established that currently there is no research on new challenges in combating human trafficking in Ukraine. Empirical analysis of new challenges in combating trafficking in human beings in Ukraine was carried out through the implementation of a polygon study and interpretation of the results. The obtained data outline new challenges in the problem of combating human trafficking in Ukraine, such as: use for selfish purposes, forced donation, trade in biological/genetic material, reproductive programs/surrogacy. The results suggest that the new challenges in combating human trafficking in Ukraine are a real platform for transnational crime. It was stated that such circumstances require strengthening of international cooperation in combating transnational human trafficking, legal regulation and improving the domestic legal framework with systematic and full informing of Ukrainian people about consequences and new challenges in combating human trafficking.

scholarly journals Human Trafficking in Thailand in Perspective of Human Rights Law

2021 ◽  
Vol 2 (4) ◽  
pp. 505-514
Author(s):  
Natalia Sihotang ◽  
Channarong Wiriya
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Country Of Origin ◽  
Transnational Crime ◽  
Human Beings ◽  
Human Rights Law ◽  
Transit Country ◽  
Trafficking In Human Beings ◽  
International Human ◽  
The Government

Trafficking in human beings is increasingly due to the greatest gain of the perpetrators. Human trafficking is a global humanitarian problem. With the involvement of many countries, both as a country of origin, destination and transit country, making this problem more complex. The complexity of the problems is increasing as the neighbors and organized transnational crime networks are organized. Thailand is one of the transit countries, sources, and destinations for international human trafficking. These conditions led to the Government of Thailand began to realize the urgency of the dangers of human trafficking. This problem is increasingly complex because human trafficking is related to child and female prostitution.

scholarly journals Trading deforestation - Why the legality of forest-risk commodities is insufficient

2021 ◽  
Author(s):  
Tiago N. P. dos Reis ◽  
Vinicius Guidotti de Faria ◽  
Gabriela Russo Lopes ◽  
Gerd Sparovek ◽  
Chris West ◽  
...  
Keyword(s):  
Land Use ◽  
High Risk ◽  
Environmental Protection ◽  
Agricultural Production ◽  
Natural Habitat ◽  
Legal Framework ◽  
Social Environmental ◽  
The Uk ◽  
The Eu

Abstract Consumer countries and blocs, including the UK and the EU, are defining legal measures to tackle deforestation linked to commodity imports, potentially requiring imported goods to comply with the relevant producer countries’ land-use laws. Nonetheless, this measure is insufficient to address global deforestation. Using Brazil’s example of a key exporter of forest-risk commodities, here we show that it has ~3.25 Mha of natural habitat (~152.8 million tons of CO2) at a high risk of legal deforestation until 2025. Additionally, the country’s legal framework is going through modifications to legalize agricultural production in illegally deforested areas. What was illegal may become legal shortly. Hence, a legality criterion adopted by consumer countries is insufficient to protect forests and other ecosystems and may worsen deforestation and conversion risks by incentivizing the weakening of social-environmental protection by producer countries.

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