Justice for victims of human trafficking in Australia? Issues associated with Australia’s criminal justice response to trafficking in persons

Australia has witnessed an increase in human trafficking cases in recent years, most of which have involved women trafficked for sexual exploitation. In response, and within the framework of the United Nations Protocol to Prevent and Suppress Trafficking in Persons, especially Women and Children, Australia has introduced legislation to combat human trafficking and punish traffickers. However, the number of prosecutions of human trafficking offences in Australia has, to date, been low. Drawing on the available literature, this article sets out to explore the reasons for this, which the paper argues have largely centered on Australia’s previously restrictive visa framework for trafficking victims. The paper also explores other obstacles and barriers to successful prosecutions, such as issues associated with discrediting and attacking vulnerable witnesses, and lengthy and complex trials. The paper argues that Australia needs to increase its efforts to meet the obligations set out by the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking, and to balance its priorities regarding prosecution and victim protection.     

论《联合国反腐败条约》与我国刑事法之协调

2003年12月9日,中国政府签署了《联合国反腐败公约》。国际反腐败趋势及我国反腐败刑事立法与《联合国反腐败公 约》存在一些差异,我国刑事法应与《联合国反腐败公约》进一步协调。     

《联合国反腐败公约》预防机制透视及其启示

《联合国反腐败公约》提出,治理腐败犯罪必须建立一套科学的、可行的、综合的社会预防机制。这一机制的提出,对于健全和完善我国反腐败机制,特别是对反商业贿赂犯罪机制的建立和完善具有一定的借鉴价值。     

Continuities in the Prediction of Human Trafficking: A Research Note

The stated purposes of this paper are twofold: 1) to build upon Bales’ (2007) earlier paper regarding the factors that predict human trafficking by adding transit countries to the analysis, which included origin and destination countries; and, 2) to demonstrate the efficacy of using the Global Programme Against Trafficking (GPAT) database sponsored by the United Nations Office on Drugs and Crime (UNODC) in ongoing trafficking research, especially when the country is the unit of analysis. Bales (2007) and this research used different sets of measures, with some overlap. So it was not surprising that the results were mixed. Both Bales (2007) and this study identified governmental corruption and the percentage of the population under fourteen years of age as the two top predictors of trafficking from a country. This study identified the percentage of the population under fourteen as the primary predictor of trafficking through transit countries, a category Bales did not include in his study. Bales reported that the proportion of the country's population over 60 years old and corruption were the two strongest predictors of trafficking to a destination country. By way of contrast, this study found that the Human Development Index and the total population measure were the strongest predictors of trafficking to a destination country. Overall this study suggested the need to conduct more research with the data currently available in sources like the GPAT before making global policy recommendations.     

The nature, origin and impact of legally binding consequences: the case of the climate regime

The Marrakesh Accords provide a detailed compliance system for the Kyoto Protocol. An innovative feature of this system is an Enforcement Branch authorized to apply punitive measures or “consequences” in the second commitment period to Annex I Parties that have been found to be in non-compliance in the first commitment period. However, even after the latest Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC), COP-11, and the first COP serving as the meeting of the Parties to the Kyoto Protocol, COP/MOP-1, it is not yet clear whether these consequences will be legally binding. The purpose of this paper is three-fold. First, we examine the legal nature of the punitive consequences embedded in the Marrakesh Accords. Second, we discuss potential motives for making these consequences legally binding. We point out that one such motive is that their implementation requires cooperation by the Party that is in non-compliance. In this regard, Kyotoȁ9s compliance system differs from other international compliance systems equipped with punitive consequences, such as those of the WTO and the UN. Finally, we consider whether making the punitive consequences legally binding is likely to make a difference. The conclusion, which should be of interest to both academic researchers and the policy community, is that the legal status of the consequences is likely to have only a modest effect on compliance levels. A country that deliberately fails to abide by other legally binding commitments under the Kyoto Protocol is also likely to resist the application of punitive consequences, regardless of whether these consequences are made legally binding or not.     

Tax treaties with developing countries and the allocation of taxing rights

Worldwide income taxation in the country of residence is a legal dogma of international taxation. We question this dogma from the perspective of relations between developed and developing countries from legal and economic perspectives, and make a modern and fair proposal for tax treaties. We show under which conditions a developing and a developed country will voluntarily sign a tax treaty where the developing country is more inclined to share the information with the developed country and whether they should share revenues. Moreover, we demonstrate how the conclusion of a tax treaty can assist in the implementation of a tax audit system in the developing country.     

Are Protection Policies for Human Trafficking Victims Effective? An Analysis of the Italian Case

Since the 1990s trafficking in human beings has increasingly become a priority in the international and European policy agenda. The international community took action against it with the United Nations Protocol against Trafficking (2000), the Council of Europe Convention on Action Against Trafficking in Human Beings (2005) and the Directive 2011/36/EU of the European Parliament and of the Council on Preventing and Combating Trafficking in Human Beings and Protecting its Victims. In the same period the number of studies and research works on it has increased. Nevertheless, some of the most important research questions remain almost unanswered. In particular, there is a paucity of data about the effectiveness of the policies against human trafficking. This paper provides some knowledge in this field. In particular it presents some considerations on the effectiveness of the Italian policies on the protection of and assistance to victims in the period 2000–2008. The data analysis suggests that the effectiveness varied across years and that the entry of Romania in the European Union, apparently, had an impact on the phenomenon and on the policies effectiveness. The lesson to be learned is that under the umbrella of human trafficking very different situations, changing across time and countries, coexist. In order to be effective a national policy should be capable of a) planning actions which take into account the national characteristics of human trafficking; b) monitoring whether and how the phenomenon has changed and change the policies accordingly.     

对我国地方立法中职务犯罪预防措施的评价——以《联合国反腐败公约》为视角

《联合国反腐败公约》在强调打击腐败犯罪的同时，更强调对腐败犯罪实施综合预防战略。《公约》设立专章，对预防腐败措施作了系统的规定。目前，我国尚无预防腐败措施方面的中央级专门立法，但是，许多省、自治区、直辖市和较大市都进行了预防职务犯罪的地方立法。以《公约》为参照，借鉴国际经验，检视我国地方立法中职务犯罪预防措施，有利于促进我国预防腐败的制度建设和工作机制的进一步完善。     

《联合国反腐败公约》中的引渡制度探析

<联合国反腐败公约>是目前反腐败方面最重要的国际法律文件,它筑起了一道强大的国际反腐法律强网.实现对腐败犯罪的引渡是国际反腐败的一种自然延伸.而<联合国反腐败公约>关于引渡的规定既是对缔约国的要求,也是各国进行国际合作的有效路径.为了实现对腐败犯罪的引渡,接受"死刑犯不引渡原则"则是我国的上上选择.     

Trends in Corruptions Around the World

The problem of measuring changes in corruption internationally is significantly more daunting than that of estimating their levels. We compute trends in corruption for groups of geographically proximate countries, based on the geographic distribution of cases of cross-border bribes, and confirm that geographic variations in corruption are greater than time variations. They are then compared with changes in perceived corruption, as measured by Transparency International’s Corruption Perception Index. We find that these alternative measures are not significantly correlated with each other. Using a panel data estimation technique, we attempt to explain trends in corruption. We only partially confirm results that are obtained when the purpose is to account for their levels in the context of a cross-sectional study. Overall, we conclude that the study of changes in levels of corruption is still in its infancy.     

Parental Models of Family Violence and Associations with Partner Violence for College Women from Three Countries

The present study provides a cross-national comparison of parental models of family violence as predictors of romantic partner violence reported by college women. Participants included college women from the United States (n?=?319), Spain (n?=?95), and Turkey (n?=?207) to report violence in five relationships: father-to-mother, mother-to-father, father-to-participant, mother-to-participant, and romantic-partner-to-participant. Multiple regression revealed that partner violence received by college women was best explained by mother-to-father violence for the United States sample, but by father-to-mother violence for the Spanish and Turkish samples. Results may be useful for college women to identify family and cultural risk factors for romantic partner violence so that they may work to protect themselves and their educational opportunities.     

Protecting integrity at the local level: the role of anticorruption and public management networks

This article argues that anti-corruption agencies at the local-level have been successful in a way that can be evaluated and emulated. A related contention is that corruption control is most effective when the central public integrity agency is part of both a local anticorruption network and a local public management network. Quite reasonably, the international anti-corruption project has focused most time and energy on advocating and assessing efforts made to ensure public integrity at the national level. Baseline studies by scholars and supra-national integrity nongovernmental organizations (NGOs) identify the form of corruption control (if any) adopted by the central government. Key considerations in assessing the status of national anti-corruption agencies (ACAs) are the ones mentioned in the introduction to this special issue: political independence, scope of authority, investigatory powers, position in the national legal/political network, durability, and use of effectiveness measures. Similar taxonomies are deployed by OLAF, Transparency International, Organization for Economic Co-operation and Development, and United Nations Development Programme (UNDP) and by scholars on corruption control.     

Women in Prison in Spain: The Implementation of Bangkok Rules to the Spanish Prison Legislation

This paper aims to take a close look at the reality of female crime in Spain. On the one hand, we will focus on describing the current situation of women incarcerated in Spanish prisons, an especially vulnerable group given their peculiarities and needs. Through secondary sources, we describe the situation of discrimination against women in these prisons. On the other hand, the paper establishes whether the current Spanish prison legislation echoes all or some of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures of Freedom for Women Offenders (Bangkok Rules, 2010). To this end, a detailed analysis of both standards, national and international, is essential. As a general conclusion, although Spain has high standard prison regulations and modern facilities, female prisoners in Spanish prison are subject to discrimination. It is from such a perspective that this article proposes that the necessary changes and appropriate penitentiary policies to meet the specific needs of female prisoners are established.     

贪污罪立法若干问题思考(上)

现行的贪污罪立法为惩治贪污犯罪提供了重要的法律依据.但随着社会经济政治与司法实践的发展变化,有必要对贪污罪的立法加以审视.结合2003年的《联合国反腐败公约》,对贪污罪的体系定位与罪状等问题进行探讨.     

《联合国反腐败公约》第32条对我国的启示

腐败问题严重威胁着社会的稳定与和谐发展.如何完善和落实证人保护制度,直接关系到能否有效打击腐败犯罪.第五十八届联合国大会通过了《联合国反腐败公约》,中国已于2005年批准并签署了该公约,其中,《公约》第32条专门规定了保护证人、鉴定人等内容,这有利于保护证人免受侵害,确保证人积极指控腐败犯罪,因而如何正确理解和有效落实《公约》有关规定,具有重要而紧迫的意义.     

论直接追回腐败资产的国际合作机制——以《联合国反腐败公约》资产追回机制为研究视角

建立腐败资产追回机制是构筑我国惩治和预防腐败体系的基础性工程,而直接追回资产机制则是资产追回机制的核心制度。直接追回腐败资产机制由单独提起民事诉讼、命令犯罪分子向遭受侵害国进行补偿或损害赔偿,一国法院或者主管机关作出没收决定时承认另一缔约国对所转移的腐败财产主张的合法所有权等三项具体制度构成。创立独立的法人手段,协调附带民事诉讼与追缴制度,以建立或完善我国与《公约》相适应的制度。     

What is adaptation to climate change? Epistemic ambiguity in the climate finance system

Over the past decade developed states have committed significant public financing for climate change adaptation. Much of this public financing flows through international development organizations. States have delegated the implementation and monitoring of adaptation to existing international organizations such as the World Bank, the United Nations Development Programme, and the Organisation for Economic Co-operation and Development. Scholars have noted that states delegate discretion to specialized organizations to perform a task on their behalf, but have not explored how uncertainties about the nature of the task affect delegation. This article addresses this gap by distinguishing the concept of epistemic ambiguity (when states are uncertain about the exact nature of a task) from strategic ambiguity (when states do not reach consensus over a task due to political differences) in order to address the question: how have states and international organizations defined and implemented adaptation activities? The question is answered through case studies of: (1) adaptation projects administered by the United Nations Development Programme and the International Organization for Migration in Kenya; and (2) states’ and international organizations’ attempts to develop methodologies for reporting adaptation financing. The case studies are based on: primary documents published by states and international organizations, secondary literature on climate finance, and interviews with adaptation experts. This article argues that states have not precisely defined adaptation, and that this is substantially due to epistemic ambiguity. It then identifies two consequences of epistemic ambiguity: a proliferation of activities labelled as adaptation, and difficulties tracking and monitoring adaptation assistance.     

Campus Sexual Violence Elimination Act: SaVing Lives or SaVing Face?

The purpose of this study is to examine colleges’ and universities’ compliance with the criteria presented by the Sexual Assault and Violence Education Act (SaVE). Using a stratified random sample of postsecondary institutions (n = 435), we examined university websites in spring 2015 to determine whether schools were meeting each criterion of the SaVE Act. Additionally, we also examined what types of programs were offered for prevention, the accessibility of the information (by number of separations from universities main website). Lastly, we examined how university resources and programs, as well as institutional and student characteristics, were related to overall compliance and the availability of online information on sexual violence programs that institutions offered. Findings showed that only 11 % of schools within the sample were fully compliant with the requirements of the SaVE Act and on average, each school met ten of the eighteen criteria for compliance. Most resources were available within websites that were three to four separations from the main university page. Student population and region were positively associated with whether any programs on sexual violence programs were offered and schools with women’s centers were more likely to offer program/s on dating/domestic violence. Additionally, ROTC programs and larger student populations were positively associated with compliance, while being located in the south was negatively associated.     

Inexplicable wealth and illicit enrichment of public officials: A model draft that respects human rights in corruption cases

The employment of crimes of inexplicable wealth as an anti-corruption tool has been increasingly advocated in recent years. The United Nations Convention against Corruption calls for the creation of a crime of illicit enrichment. This paper seeks to evaluate the drafting of such crimes from human rights and criminal justice perspectives. The author considers the jurisprudence from the United States, Canada, United Kingdom and South Africa, as well as the European Court of Human Rights. The paper also evaluates the Hong Kong inexplicable wealth offence and subjects it to criticism in terms of the rights of defendants and the lack of clarity in drafting. The author concludes that there is no need for a specific crime of inexplicable wealth. A crime of corruption is perfectly adequate. All that is required is the use of a special rule of evidence which places the evidential burden upon the defendant. The use of a mandatory presumption of law is the most clear analytical method of drafting. This is consistent with human rights standards and common law jurisprudence. Finally, regulatory offences requiring proper financial record keeping and declarations of wealth should be created alongside the more serious corruption offence. These could impose strict liability. Wealth previously declared by public officials should not be presumed to be corrupt funds for the purposes of any corruption prosecution. This approach is consistent with the United Nations Convention Against Corruption and would represent an acceptable mode of implementing that treaty.     

Sexual Violence Against Women Through the Lens of Environmental Criminology: Toward the Accumulation of Evidence-based Knowledge and Crime Prevention

Sexual violence against women is a serious problem worldwide. In this study, we organize and critically review previous empirical studies on sexual offenses against women through the lens of environmental criminology. For this purpose, we use the questions asked by environmental criminologists/crime analysts in the study of crime events; that is the: who, what, where, when, and how this phenomenon typically occurs. Based on the current state of the criminological research literature, we then provide a discussion on the prevention of sexual offenses against women drawing on a situational crime prevention framework. By engaging in this exercise, we argue that environmental criminology can substantially contribute to understanding and informing prevention practices in the field of sexual offenses against women.