Full title in original language:
No Effective Trafficking Definition Exists: Domestic Implementation of the Palermo Protocol
Education level:
University University (18+ years)Topic / subtopic:
Trafficking in persons / smuggling of migrants Criminal justice response to trafficking in personsTarget audience:
Professors,
Students,
Teachers / Lecturers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
open access
Individual authors:
Jean Allain
Publication year:
2014
Published by:
7 Albany Government Law Review 111
Copyright holder:
© Albany Law School
Contact name and address:
Albany Law School
Contact website:
Key themes:
human trafficking, trafficking, domestic, implementation, palermo protocol
Links:
Short description:
This article considers the overall regime established by the 2000 Palermo Protocol to demonstrate the manner in which the law of trafficking has come to be incorporated into the domestic legal order of States. In doing so, and with special reference to the definition of trafficking, it shows the limited ability of states to actually carry their avowed wish to supress trafficking in persons. Because their jurisdiction over what is termed "trafficking" is different, the ability for the origin, transit and/or destination countries to "join-up" is rendered unworkable by, for instance, extradition treaties that require crimes to be common to both jurisdictions or the application of extraterritorial jurisdiction when it is deemed a crime in one jurisdiction is not so in another. Thus, in a very short period of time, legislators around the world have created, under the banner of "trafficking", an international regime which, through its implementation in the domestic sphere, has fractured its potential effectiveness.