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The International Law of Migrant Smuggling

Overview

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit. This book, a companion volume to the ...
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The International Law of Migrant Smuggling

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Overview

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit. This book, a companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors identify and explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.
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Editorial Reviews

From the Publisher
"In her award-winning book, The International Law of Human Trafficking, Anne Gallagher created an invaluable reference for policy makers, practitioners and all those working to end impunity for traffickers and secure justice for victims. This volume, The International Law of Migrant Smuggling, is a fitting and timely successor. With precision, clarity and compassion, Gallagher and her coauthor untangle the complex and often misunderstood web of rights, obligations and responsibilities that govern the facilitated movement of irregular migrants across borders. In so doing they make abundantly clear what States must, may, and may not do when responding to migrant smuggling. Looking ahead, there can be little doubt that migrant smuggling will continue to present a great challenge to the international community. I am confident that this book will make a substantial contribution to advancing constructive dialogue on this difficult, controversial issue."
William L. Swing, Director General of the International Organization for Migration

"Written from extensive experience and a deep understanding of not only the harshness and dangers of migrant smuggling but also of its moral and legal complexity, this book aims to explain "what States must do, what they may do, and what they are prevented from doing in relation to migrant smuggling". The authors have achieved this, in a fine work that combines thoughtful and precise analysis with great practical utility."
Vaughan Lowe, QC, Emeritus Chichele Professor of Public International Law, University of Oxford

"Migrant smuggling is a major problem for the international community. But regulatory responses rely increasingly on quick fixes such as harsh treatment of the migrants, growing criminalization and the militarization of border controls. This new book, coauthored by Anne Gallagher, one of the world’s leading experts, provides a superb overview of the complex international legal regime that applies. It perceptively situates the challenges in the broader context within which long-term solutions must be sought, and it sheds light on the drawbacks and limitations of existing legal and policy approaches."
Philip Alston, John Norton Pomeroy Professor of Law, New York University School of Law

"In the history of the human rights movement, most marginalized persons have been able to fight for their rights from the standpoint of citizenship: they were claiming equal treatment as citizens. By definition, irregular migrants will never access the political stage and therefore can only count on the rule of law and human rights guarantees: making this accessible to them is an enormous challenge. Through a particularly thorough analysis of the available international legal sources, Anne Gallagher and Fiona David create a detailed portrait of the irregular migrant as a rights-holder. This volume will be a valuable guide for years to come."
François Crépeau, United Nations Special Rapporteur on the Human Rights of Migrants and Professor of Public International Law, McGill University

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Product Details

  • ISBN-13: 9781107015920
  • Publisher: Cambridge University Press
  • Publication date: 7/31/2014
  • Pages: 760
  • Product dimensions: 6.40 (w) x 9.20 (h) x 1.50 (d)

Meet the Author

Anne Gallagher is a lawyer, practitioner, teacher, and independent scholar with an established reputation in international affairs, particularly in human rights and the administration of criminal justice. She is a former United Nations Official (1992–2003) and was Special Advisor to Mary Robinson, the UN High Commissioner for Human Rights and former President of Ireland, from 1998 to 2002. In that capacity she participated directly in the development of the new international legal framework around transnational organized crime including the Migrant Smuggling Protocol. Dr Gallagher continues to advise the UN and since 2003 has led a high profile intergovernmental initiative that aims to strengthen legislative and criminal justice responses to human trafficking and related exploitation in South East Asia. According to the US government, Dr Gallagher is 'the leading global authority on the international law on human trafficking'. She is the author of many publications, including The International Law of Human Trafficking, which was awarded the 2011 American Society of International Law Certificate of Merit – Honorable Mention.

Fiona David is a Visiting Fellow at the Centre for International and Public Law at the Australian National University, where she teaches Transnational Criminal Law in the postgraduate program. As a lawyer and criminologist, she has nearly twenty years of experience working on migrant smuggling and human trafficking throughout Australia, Asia, and Africa, with organizations including the UN Office of Drugs and Crime and the International Organization for Migration, and on projects funded by AusAID, USAID, and the European Union. She was the principal Drafter of the UNODC Model Law against the Smuggling of Migrants and of the UNODC Model Legislative Provisions against Organized Crime. She is the Executive Director of Global Research at Walk Free, an international human rights organization.

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Table of Contents

1. The legal framework: transnational crime, law of the sea, and migration control; 2. The legal framework: human rights and refugee law; 3. Acting against migrant smuggling: capacities and limitations; 4. State responsibility and migrant smuggling; 5. Criminalization of migrant smuggling; 6. Migrant smuggling by sea: interdiction and rescue; 7. Prevention and international cooperation to combat migrant smuggling; 8. Obligations of protection, assistance, and response; 9. Obligations relating to detention of smuggled migrants; 10. Return of smuggled migrants.
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