The International Law of Human Trafficking (Google eBook)

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Cambridge University Press, Sep 30, 2010 - Political Science - 535 pages
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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.
  

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Contents

Preface page
xiii
Table of Treaties and Other International Instruments
xxiii
Table of Common Abbreviations
lvii
The International Legal Definition
12
The International Legal Framework
54
Decision 20092010
103
Specific Legal Issues
144
Criminal Law
209
Obligations Related to Repatriation and Remedies
337
Obligations of an Effective Criminal Justice Response
370
of Trafficking Cases
389
Obligations to Prevent Trafficking and Respond Lawfully
414
Violence against Women
423
Corruption by International Officials
449
Violate the Prohibition on Discrimination
456
Rights System
477

State Responsibility for Trafficking
218
Originating in the Conduct of Private Persons or Entities
235
Diligence Standard
241
Obligations of Protection and Support
276

Common terms and phrases

About the author (2010)

Dr Anne T. Gallagher is recognized as a leading authority on the international legal and policy aspects of human trafficking. She served as a career UN official from 1992 to 2003, including as Adviser on Human Trafficking to the High Commissioner for Human Rights, Mary Robinson, whom she represented in negotiations for the Organized Crime Convention and its Protocols on Trafficking and Migrant Smuggling. Dr Gallagher oversaw the development of the UN Recommended Principles and Guidelines on Human Rights and Human Trafficking and was founding Chair of the United Nations Inter-Agency Group on Trafficking and Migrant Smuggling. She continues to advise the United Nations on these issues, her most recent assignment being the preparation of a detailed legal commentary on the UN Recommended Principles and Guidelines. Dr Gallagher has worked directly with criminal justice agencies and legislatures on trafficking in more than forty countries and is currently a technical adviser to the Association of Southeast Asian Nations (ASEAN) and its Member States. A scholar as well as a practitioner, she has taught international law and human rights law at universities and academic institutions in Europe, Asia and Australia and has published widely on human rights (including women's rights), criminal justice and trafficking.

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