Trafficking and Smuggling of Migrants under International Law

Postgraduate Thesis uoadl:2701286 817 Read counter

Unit:
Κατεύθυνση Δημόσιο Διεθνές Δίκαιο
Library of the School of Law
Deposit date:
2018-03-18
Year:
2018
Author:
Meletiadou Ioanna Maria
Supervisors info:
Γεώργιος Κυριακόπουλος, Λέκτωρ, τομέας Διεθνών και Ευρωπαϊκών Σπουδών, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Μαρία Γαβουνέλη, Επίκουρη καθηγήτρια Διεθνούς Δικαίου, τομέας Διεθνών Σπουδών, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Γουργουρίνης Αναστάσιος, Λέκτωρ, τομέας Διεθνών Σπουδών, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η εμπορία ανθρώπων (trafficking) και το λαθρεμπόριο μεταναστών (smuggling) υπό το πρίσμα του Διεθνούς Δικαίου
Languages:
Greek
Translated title:
Trafficking and Smuggling of Migrants under International Law
Summary:
This dissertation aims to effectively differentiate between trafficking in human beings and smuggling of migrants by presenting and comparing the legal framework surrounding these two issues. We will examine the Convention on Organized Crime (Palermo 2000) together with the Protocols accompanying the Convention, which have been set up to combat trafficking in human beings and counter migrant smuggling within the United Nations, with the following aims: first, to resolve the overlaps of law and the interpretative issues, second, to demonstrate the substantial differences between the two phenomena and, last, to legally qualify trafficking victims and smuggled migrants more effectively. This is a situation that now, more than ever presents an urgent need for the international community due to the immigration crisis occurring in the last years.
More specifically, the first part of the paper presents the efforts to tackle organized crime. Initially, at the international level, the Convention on Combating Organized Crime (Palermo 2000) and the Protocols on trafficking in human beings and smuggling of migrants are analyzed. The detailed discussion of the provisions of the Protocols contributes to the demarcation of the two phenomena that concern us in this examination.
Subsequently, we provide the description and analysis of developments following the Palermo Convention at the regional level. In particular, we focus on the US law, the South Asian Regional Cooperation Association's effort to combat trafficking in women and children for prostitution, the 2005 Council of Europe Convention, the Council of Europe's recommendations, the Framework Decision of the European Union in 2002, as well as on the European Union directives. This presentation shows us how regional approaches have been taken to tackle trafficking in human beings and smuggling of migrants.
It has already been seen that trafficking in human beings is related but not identical to the smuggling of immigrants, which has now become particularly important due to the immigration crisis. That is why we devoted the second part of our work to analyzing and commenting on the divergent aspects that exist between the two phenomena. The first chapter analyzes the origin of the Protocols and discusses their drafting’s background. The relationship between these legal texts is then described. The comments made so far on the key issues in both Protocols lead to the possibility of comparing the Protocol against the Smuggling of Migrants by Land, Sea, and Air with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in order to differentiate these two phenomena from one another.
The following chapter presents the differences between the two phenomena based on the provisions of the respective Protocols. This fulfils the objective of the present study, which, as mentioned above, could contribute to a more accurate assessment of cases of trafficking and trafficking in human beings in order to be dealt with through the legal framework of the case. Finally, Annex I of the report mentions three important cases concerning smuggling and trafficking in human beings which the European Court of Human Rights was called upon to deal with, and Annex II presents a table summarizing the differences between trafficking in human beings and smuggling of migrants.
Main subject category:
Law and Legislation
Other subject categories:
Public international law
Keywords:
Trafficking, Smuggling of Migrants, International Law, human rights, United Nations Convention against Transnational Organized Crime
Index:
No
Number of index pages:
0
Contains images:
Yes
Number of references:
39
Number of pages:
118
File:
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Μελετιάδου διπλωματική.pdf
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