The International Law of Human Trafficking

by Anne T. Gallagher

Overview

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. This book presents the first-ever comprehensive and in-depth analysis of the international law of human trafficking. 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 is a timely and groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners, and scholars working in this new, controversial, and important field.

Product Details

ISBN-13:	9781107624559
Publisher:	Cambridge University Press
Publication date:	02/13/2012
Edition description:	Reprint
Pages:	596
Product dimensions:	5.91(w) x 8.90(h) x 1.30(d)

About the Author

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.

Table of Contents

1. The international legal definition; 2. The international legal framework; 3. Specific legal issues; 4. State responsibility for trafficking; 5. Obligations of protection and support; 6. Obligations related to repatriation and remedies; 7. Obligations of an effective criminal justice response; 8. Obligations to prevent trafficking and respond lawfully; 9. Issues of compliance, implementation, and effectiveness.

What People are Saying About This

From the Publisher

"In every part of the world, individuals are being exploited for private profit. Economic disparities, conflict and discrimination, particularly against women and migrants, are pushing those least able to protect themselves into dangerous situations from which they are unable to escape. The international community has recognized the injustice of this situation and, over recent years, has developed a strong legal framework that requires States to work individually and collectively to prevent trafficking, prosecute perpetrators and secure the rights of those who have been trafficked. In The International Law of Human Trafficking, Dr Anne Gallagher uses her unique position as a scholar and practitioner to chart the extraordinary developments of the past decade. This carefully researched and well-written book provides a comprehensive and accessible insight into a new, complex but vital area of international law. It affirms the central place that international law, including human rights law, must play in any solution to the age-old problem of private exploitation. I recommend it to all those involved in working against trafficking and supporting the victims of this illegal and inhuman trade." Mary Robinson, President: Realizing Rights: The Ethical Globalization Initiative, former President of Ireland (1990 - 1997) and former United Nations High Commissioner for Human Rights (1997 - 2002)

"Dr Gallagher’s expertise in this field, particularly in the area of criminal justice responses to trafficking, is recognized and deeply appreciated throughout the ASEAN region. It is not wrong to say that the achievements that ASEAN, as a region, is enjoying in criminal justice response to the heinous crime of trafficking are in no small part due to Dr Gallagher’s persevering effort and her compassion towards ASEAN. This meticulously researched book confirms her position as a leading international legal authority on the issue. While scholarly in approach, the book is straightforward in structure and clear in expression. It reflects an acute understanding of the politics of human trafficking and of the significant challenges involved in securing effective national implementation of international norms. The International Law of Trafficking is a valuable reference for policy makers, practitioners and all those working to end impunity for trafficking offences and to secure justice for those who have been trafficked." Dr Surin Pitsuwan, Secretary General, Association of South East Asian Nations (ASEAN)

"Anne Gallagher has been a key player in analyzing, drafting, promoting, and critiquing the international legal order that has emerged over the past decade to address the previously long-neglected phenomenon of human trafficking. This authoritative book combines meticulous legal scholarship with deep insight into the key challenges that must be addressed in the years ahead." - Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law

"With an estimated 2 million women in sexual bondage in half the countries of the world, it is high time for the international community to pay attention to this human tragedy. The trafficking flow goes on while most governments at best only rhetorically deal with this manifestation of crime. Books like this one serve an important purpose in making the phenomenon better known and showing how international legal instruments and mechanisms are available, though by no means adequate and efficient. This is both an important legal contribution and one that addresses a significant human problem." - M. Cherif Bassiouni, Distinguished Research Professor of Law Emeritus & President Emeritus, International Human Rights Law Institute, DePaul University, President, International Institute of Higher Studies in Criminal Sciences

"Trafficking in human beings is a modern form of slavery. Today, however, this issue does not raise the same level of concern as other serious human rights violations. In her remarkable in-depth analysis of international legal obligations to counter human trafficking, Dr. Anne T. Gallagher clearly demonstrates that human trafficking is a gross violation of human rights, and comprehensively illustrates where State responsibilities lie. Her reflection on a wide range of international tools to respond to this crime, enriched by her authoritative experience, also provides valuable guidance to accessing the current challenges and possible responses. Her work enables us to understand that even anti-trafficking action could compromise the rights and dignity of trafficked persons, and that a human rights based approach is therefore essential to assess and establish an effective anti-trafficking strategy." - Dr. Maria Grazia Giammarinaro, OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings

Editorial Reviews

"In every part of the world, individuals are being exploited for private profit. Economic disparities, conflict and discrimination, particularly against women and migrants, are pushing those least able to protect themselves into dangerous situations from which they are unable to escape. The international community has recognized the injustice of this situation and, over recent years, has developed a strong legal framework that requires States to work individually and collectively to prevent trafficking, prosecute perpetrators and secure the rights of those who have been trafficked. In The International Law of Human Trafficking, Dr Anne Gallagher uses her unique position as a scholar and practitioner to chart the extraordinary developments of the past decade. This carefully researched and well-written book provides a comprehensive and accessible insight into a new, complex but vital area of international law. It affirms the central place that international law, including human rights law, must play in any solution to the age-old problem of private exploitation. I recommend it to all those involved in working against trafficking and supporting the victims of this illegal and inhuman trade." Mary Robinson, President: Realizing Rights: The Ethical Globalization Initiative, former President of Ireland (1990 - 1997) and former United Nations High Commissioner for Human Rights (1997 - 2002)

"Dr Gallagher’s expertise in this field, particularly in the area of criminal justice responses to trafficking, is recognized and deeply appreciated throughout the ASEAN region. It is not wrong to say that the achievements that ASEAN, as a region, is enjoying in criminal justice response to the heinous crime of trafficking are in no small part due to Dr Gallagher’s persevering effort and her compassion towards ASEAN. This meticulously researched book confirms her position as a leading international legal authority on the issue. While scholarly in approach, the book is straightforward in structure and clear in expression. It reflects an acute understanding of the politics of human trafficking and of the significant challenges involved in securing effective national implementation of international norms. The International Law of Trafficking is a valuable reference for policy makers, practitioners and all those working to end impunity for trafficking offences and to secure justice for those who have been trafficked." Dr Surin Pitsuwan, Secretary General, Association of South East Asian Nations (ASEAN)

"Anne Gallagher has been a key player in analyzing, drafting, promoting, and critiquing the international legal order that has emerged over the past decade to address the previously long-neglected phenomenon of human trafficking. This authoritative book combines meticulous legal scholarship with deep insight into the key challenges that must be addressed in the years ahead." - Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law

"With an estimated 2 million women in sexual bondage in half the countries of the world, it is high time for the international community to pay attention to this human tragedy. The trafficking flow goes on while most governments at best only rhetorically deal with this manifestation of crime. Books like this one serve an important purpose in making the phenomenon better known and showing how international legal instruments and mechanisms are available, though by no means adequate and efficient. This is both an important legal contribution and one that addresses a significant human problem." - M. Cherif Bassiouni, Distinguished Research Professor of Law Emeritus & President Emeritus, International Human Rights Law Institute, DePaul University, President, International Institute of Higher Studies in Criminal Sciences

"Trafficking in human beings is a modern form of slavery. Today, however, this issue does not raise the same level of concern as other serious human rights violations. In her remarkable in-depth analysis of international legal obligations to counter human trafficking, Dr. Anne T. Gallagher clearly demonstrates that human trafficking is a gross violation of human rights, and comprehensively illustrates where State responsibilities lie. Her reflection on a wide range of international tools to respond to this crime, enriched by her authoritative experience, also provides valuable guidance to accessing the current challenges and possible responses. Her work enables us to understand that even anti-trafficking action could compromise the rights and dignity of trafficked persons, and that a human rights based approach is therefore essential to assess and establish an effective anti-trafficking strategy." - Dr. Maria Grazia Giammarinaro, OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings

From the Publisher