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.

The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea

2017 ◽  
Vol 1 (4) ◽  
pp. 1-118
Author(s):  
Laura Salvadego
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Control Policy ◽  
Central Mediterranean ◽  
Applicable Law ◽  
Migrant Smuggling ◽  
Migration Control ◽  
Central Mediterranean Sea ◽  
International Responsibility ◽  
The Eu

AbstractThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.

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.

The EU in the Central Mediterranean: Impact and Implications of the Comprehensive Approach

2018 ◽  
Vol 20 (2) ◽  
pp. 205-222 ◽  
Author(s):  
Sophie Dura
Keyword(s):  
Comprehensive Approach ◽  
Refugee Crisis ◽  
Crucial Importance ◽  
Joint Operation ◽  
Central Mediterranean ◽  
Military Operation ◽  
Migrant Smuggling ◽  
Defence Policy ◽  
The Eu

Abstract The implications of the comprehensive approach to the EU refugee crisis are becoming apparent in the current actions of different players in the central Mediterranean, where a Common Security and Defence Policy (CSDP) military operation is present alongside Frontex’s joint operation Triton. Both cooperate closely with Libyan border authorities and the European Migrant Smuggling Centre of Europol. But this not only poses humanitarian problems as to how the EU should cooperate on these matters with Libyan officials, it also leads to a confusing meddling of different EU actors from distinct policy areas in matters of crucial importance to the Union. Against this background, the article delineates the competences and powers of the different actors. Another issue is the role of the European Parliament in the situation: it has little influence in the CSDP but strong links to the agencies. In this context the article will discuss the influence of the cooperation on parliamentary accountability.

Between Criminalization and Protection

2019 ◽  
Vol 2 (1-2) ◽  
pp. 1-82
Author(s):  
Vincenzo Militello ◽  
Alessandro Spena
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Case Studies ◽  
Legal Systems ◽  
Criminal Organizations ◽  
Legal Perspective ◽  
Migrant Smuggling ◽  
Media Reports ◽  
Oriented Approach

AbstractThis double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.

10. The Future of the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Human Rights ◽  
Legal System ◽  
The Other ◽  
European Convention ◽  
Essential Information ◽  
System P ◽  
The Future ◽  
The Times ◽  
Political Economic ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This concluding chapter assesses the future of the English legal system (ELS). It argues that the ELS will continue to grow and develop in order to move with the times. Each development may individually not have such significant impact on the ELS; however, when coupled with the other development, it is more likely that the development may significantly alter people's understanding of the ELS. Change in the ELS may come from political, economic, legal, social, and international factors. The chapter then considers some of the key debates, events, and activities that may shape the future of the ELS. These issues include the UK's membership in the EU, signatory of the European Convention on Human Rights, and transformation of the justice system.

scholarly journals Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States

2015 ◽  
Vol 3 (1) ◽  
pp. 76-87 ◽  
Author(s):  
Matilde Ventrella
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Legal Protection ◽  
Legal Framework ◽  
Lisbon Treaty ◽  
Member States ◽  
Final Destination ◽  
Death Toll ◽  
Willingness To Cooperate ◽  
The Eu

The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.

scholarly journals The ECJ and the ECtHR: The Future Relationship between the Two European Courts

2009 ◽  
Vol 8 (3) ◽  
pp. 375-398 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
International Agreement ◽  
Minimum Standard ◽  
Exclusive Jurisdiction ◽  
The Future ◽  
Charter Of Fundamental Rights ◽  
The Eu

AbstractThe current relationship between the two European courts has been discussed in some great detail while the future of that relationship has been widely neglected. This is somewhat surprising as the entry into force of the Lisbon Treaty and with it of the EU Charter of Fundamental Rights as well as the EU's succession to the ECHR are probably going to take place before too long. The article first examines Article 52(3) of the Charter, which prescribes that the ECHR be the minimum standard of human rights in the EU. It is argued that Article 52 (3) does not entail a reference to the ECtHR's case law so that the ECJ will not be bound by that case law. After an accession of the EU to the ECHR, it is likely that both courts will assert that they have exclusive jurisdiction over the ECHR in inter-state cases, which creates a jurisdictional conflict for which a solution must be found. In addition, the article explores whether after an accession, the Bosphorus case law will have a future and whether the dictum found in Opinion 1/91 will be applicable, according to which the ECJ is bound by the decisions of courts created by an international agreement to which the EC is a party.

scholarly journals How useful is the concept of transit migration in an intra-Schengen mobility context? Diving into the migrant smuggling and human trafficking nexus in search for answers

2020 ◽  
Author(s):  
Roxane de Massol de Rebetz
Keyword(s):  
European Union ◽  
Human Trafficking ◽  
Real Life ◽  
The European Union ◽  
Policy Documents ◽  
Gray Area ◽  
Migrant Smuggling ◽  
Transit Migration ◽  
In Transit ◽  
The Eu

Abstract When using the concept of transit migration, contemporary scholarly literature and policy documents typically refer to situations located outside or at the outskirts of the European Union. By analyzing the critical and empirical scholarship which uncovers the so-called gray area where it becomes hard to make clear distinctions that can be found at the nexus between migrant smuggling and human trafficking, the article aims to shed new light on the real-life vulnerabilities and dynamics that do not fit prototypical legal categories of either human trafficking or migrant smuggling. In so doing, the article discusses and analyzes legal and empirical scholarship that uncovers these vulnerabilities. The vulnerabilities observed are likely to be further enhanced in transit zones where stranded individuals within the EU aim to continue their (increasingly) fragmented/non-linear migration journeys. Therefore, the article proposes to consider the usefulness and the usage of the notion of “transit migration” in the context of Intra-Schengen border mobility and not just when discussing external border mobility. The article argues that the concept of transit migration, if carefully defined, and if particular vulnerabilities found in transit space are recognized, can serve as a helpful lens that can prevent falling into the trap of conceiving migrant smuggling and human trafficking as strictly separate phenomena.

Sign in / Sign up

Export Citation Format

Share Document