Cross border North Korean women trafficking and victimization between North Korea and China: An ethnographic case study

This is a case study on the trafficking of North Korean women via the interviewing of women trafficking victims. The study has an explorative nature. Its primary goal is to address the issues of the cross-border trafficking of North Korean women. In doing so, this research will describe the current picture of cross-border North Korean women trafficking operation between North Korea and China. It will uncover the identity and characteristics of traffickers, the identity and characteristics of victims and contributing factors of their victimization, and the cross-border trafficking routes and procedural networks of trafficking operation. The findings of the current study shows that the problem of North Korean women trafficking is worth being paid attention by the international community and that appropriate counter-measures need to be implemented. Also, this study hopes to facilitate more empirical research on this topic.     

Analysis of UN Resolutions Relating to North Korea: A Comparison with Resolutions Relating to the Second Gulf War

This work attempts to understand whether it is possible to talk about the emergence of specific recurring linguistic patterns in UN resolutions, used as a political strategy. The paper presents a comparative analysis between a corpus of resolutions related to the Second Gulf War and to the 2011 North Korean nuclear crisis, focussing on ethic adjectives and preambulatory and operative phrases used in these resolutions. It is attempted to show how vague and weak expressions can be used either to lead to intentionally biased interpretations of the law as was supposed in the Iraqi case, or to mitigate international tensions, though maintaining a firm position against international threats, as supposed for North Korea.     

Legislative note: the abolition of the death penalty for drug offenses in The Gambia

The Gambia, the smallest mainland country in Africa, is increasingly a transit point for illicit drug traffic between Latin America and Europe. As part of President Yayeh Jammeh’s attempts to crack down on this drug trade, in October 2010 the Gambian legislature passed a mandatory sentence of death for drug trafficking for persons possessing more than 250 grams of cocaine or heroin. The law was not constitutionally operable, however, because of Article 18(2) of the Gambian constitution, which forbids the death penalty for crimes other than aggravated or premeditated murder. Consequently, the death penalty for drug trafficking was abolished in April 2011.     

Uses and Abuses of Drug Decriminalization in Portugal

In 2001, Portugal decriminalized the acquisition, possession, and use of small quantities of all psychoactive drugs. The significance of this legislation has been misunderstood. Decriminalization did not trigger dramatic changes in drug‐related behavior because, as an analysis of Portugal's predecriminalization laws and practices reveals, the reforms were more modest than suggested by the media attention they received. Portugal illustrates the shortcomings of before‐and‐after analysis because, as is often the case, the de jure legal change largely codified de facto practices. In the years before the law's passage, less than 1 percent of those incarcerated for a drug offense had been convicted of use. Surprisingly, the change in law regarding use appears associated with a marked reduction in drug trafficker sanctioning. While the number of arrests for trafficking changed little, the number of individuals convicted and imprisoned for trafficking since 2001 has fallen nearly 50 percent.     

Models of South-East Asian Organised Crime Drug Operations in Queensland

In 2002, the United Nations Office on Drugs and Crime (UNODC) issued a report entitled Results of a pilot survey of forty selected organized criminal groups in sixteen countries which established five models of organised crime. This paper reviews these and other common organised crime models and drug trafficking models, and applies them to cases of South East Asian drug trafficking in the Australian state of Queensland. The study tests the following hypotheses: (1) South-East Asian drug trafficking groups in Queensland will operate within a criminal network or core group; (2) Wholesale drug distributors in Queensland will not fit consistently under any particular UN organised crime model; and (3) Street dealers will have no organisational structure. The study concluded that drug trafficking or importation closely resembles a criminal network or core group structure. Wholesale dealers did not fit consistently into any UN organised crime model. Street dealers had no organisational structure as an organisational structure is typically found in mid- to high-level drug trafficking.     

Lawyering on the margins: lawyers and drug-criminals before Mexican federal courts

This paper explores some of the empirical dimensions of the way in which lawyers litigate drug crime cases in Mexican federal courts. In particular, the aim is to illustrate two aspects of the relationship between the legal profession practice and the crimes related to the trafficking, production, possession and transportation of illegal drugs in Mexico. The investigation focuses on whether the distinction between ‘narco-lawyers’ and ‘lawyers defending other crimes’ could be pertinent and useful for classifying particular forms of legal profession exercise. Moreover, analysis also extends to how narco-lawyers ‘work’ in practice, and what specific practices could distinguish them from their peers. Research findings suggest that lawyers who defend drug-criminals in Mexico (1) do offer a better explanation to their clients regarding the status of the judicial process, (2) present more evidence (witnesses, in particular) to support their client's innocence, and (3) obtain softer sentences (4) in less time than those lawyers who do not represent drug traffickers. Taken together, these findings suggest that drug trafficking may be contributing to a distinctive way of exercising the legal profession in Mexico.     

PATTERNS OF DRUG USE,DRUG TRAFFICKING,AND OTHER DELINQUENCY AMONG INNER-CITY ADOLESCENT MALES IN WASHINGTON,D.C.*

This paper examines (1) the relationship between drug involvement among inner-city youths and the commission of other kinds of crime, (2) the role of drug use in crime commission, (3) the connection between crime and drug procurement, and (4) the factors that distinguish between individuals as a function of (a) levels of involvement in drug trafficking and (b) drug usage and criminal activity. Drug use and trafficking were both related to other criminal activities; the type of drug involvement was related to the type of crimes reported. The heaviest users were significantly more likely than nonusers to commit property crimes and drug traffickers were significantly more likely to commit crimes against persons than were respondents who did not sell drugs. Adolescents who used and sold drugs were the most likely to commit crimes against persons and property, and at the greatest rate. Still, for every type of crime reported in the past year, only a minority of offenders reported ever using drugs while committing the crime or said that they committed any type of crime in order to obtain drugs or money to obtain drugs. Most youths appear to commit crime for reasons completely independent of drugs.     

运输毒品罪概念及不同行为类型的分析

运输毒品罪虽然与走私、制造、贩卖毒品罪相提并论,但是,相对于走私、制造、贩卖毒品罪来说,运输毒品罪行为类型比较多,针对其不同的六种行为类型应当进行不同的定罪与量刑的分析,这能使运输毒品罪的定罪量刑真正做到合理、合法、合情。     

互易毒品行为定性“相对说”之提倡——兼与孙万怀教授商榷

互易毒品与贩卖毒品之间是一种交叉关系,将互易毒品行为一律不作为犯罪处理或一律作为犯罪处理,在方法论上存在错误,由此而划定的互易毒品的内涵,也为罪刑法定原则所不容。根据互易毒品的形式与实质,结合现行刑法关于涉毒犯罪的规定,确立＂相对说＂将成立买卖关系的高纯度与低纯度毒品、硬性毒品与软性毒品以及相同纯度但数量不等毒品间的互易,作为贩卖毒品罪处理,其他情况的互易毒品行为不作为犯罪处理,才是合适的。     

Network Characteristics and Organizational Structure of Chinese Drug Trafficking Groups

Unlike previous studies of drug trafficking groups that focused on the characteristics of individual members, this study examined the demographic and socioeconomic composition of drug trafficking groups and the types of relationships binding criminal networks. Through an analysis of 144 drug trafficking groups adjudicated in the intermediate and high courts in several provinces of China, this study found a high level of homogeneity in demographic characteristics and socioeconomic status among the offenders who formed the Chinese drug trafficking networks. Results also showed that most Chinese drug trafficking groups were small and lacked a vertical role structure. The concentration of men was associated with a higher likelihood of having a hierarchical role structure in the trafficking group.     

论朝鲜“脱北者”的国际法地位及我国的对策

近年来,朝鲜"脱北者"问题逐渐成为地区乃至国际热点问题,中国在该问题上以遣返为主的政策也日益面临来自其他国家的压力。从1951年《关于难民地位的公约》的规定和相关国际实践来看,"脱北者"是否具有难民地位不能一概而论,而是要具体问题具体分析;我国的现有政策总体上无可非议,同时可以考虑按照国际条约,给予那些确因政治原因出逃的"脱北者"们国际法上的难民地位。此外,我国还有必要建立健全处理难民及相关问题的机制。     

When farmworkers and advocates see trafficking but law enforcement does not: challenges in identifying labor trafficking in North Carolina

This article reports on the perceptions and experiences with labor trafficking of farmworkers, stakeholders, and law enforcement representatives in North Carolina. We found a sizeable number of farmworkers who had experienced labor trafficking violations, albeit with a convenience sample; and community agencies reported stories of labor trafficking victimization. However, most of the state and local law enforcement agencies that we attempted to contact simply ignored our requests for information about labor trafficking or reported no evidence of such victimization. Notwithstanding the sample limitations, we found a general lack of awareness of agricultural labor trafficking problems among law enforcement officials in our surveyed jurisdictions. We question whether our current law enforcement system will ever be in a position to effectively enforce the anti-labor-trafficking law; and suggest an alternative specialized mechanism be established.     

Implications of cross-border crime risks in an open Europe

It is to be expected that the development of an open economic space within the E.C. and the increased accessibility of Eastern Europe will lead to new patterns of cross-border crimes. So do the risks of becoming a victim of one of those crimes. However, the risks may not be spread evenly: some markets may become more affected by crime-entrepreneurs than other markets, though most attention is devoted to drug trafficking and drug money related money-laundering. However, organized drug trafficking and organized fraud are not so neetly seperated. From crimeentrepreneurial point of view one can broadly speak of cross-border crime markets in European regions.The criminological implications may be the development of Euro-crime markets in which crimeentrepreneurs develop lasting patterns of cooperation and cross-border organizations. This is already the case on the illicit drug market. Crime patterns on the field of organized commercial crime, toxic waste trafficking or EC-fraud point in the same direction. The implications for business and law enforcement alike are that without the development of new strategies of prevention and cross-border police investigations organized crime may well intertwine into the developiing European economic and social structure thus acquiring a corrosive foothold in the legitimate industry.     

当前边境地区走私、贩运毒品犯罪的特点研究

当前,受国际毒潮的影响,我国的毒品犯罪形势日趋严峻和复杂。而在毒品犯罪中,走私、贩运毒品犯罪占相当大的比 例。当前,边境地区的毒品犯罪呈现出策略灵活多变,雇佣贩毒突出,利用现代交通、通讯工具进行毒品的走私、贩运,人体藏匿毒品形 成新高潮等特点,需要予以重视。     

运输毒品罪既遂、未遂问题探析

基于运输毒品罪是行为犯这一特性,运输毒品罪应以运输行为的完成(即运输毒品抵达目的地)为既遂。若行为人着手实行后,由于行为人意志以外的原因而未能运抵目的地,则是运输毒品罪未遂。鉴于毒品犯罪的共同犯罪形式较为常见,其既遂、未遂问题应参照单独犯的标准予以认定。当共同犯罪是以共犯(狭义)和正犯方式组合,应以“二重性说”为基础来认定,当共同犯罪是以共同正犯形态进行,则应以“整体既遂说”予以认定。     

North Korean Refugees and International Refugee Law

The severe food crisis of the 1990s forced thousands of NorthKoreans to leave their country in search of food. Most of themcrossed the border into China, to which the Government of thePeople's Republic of China (the PRC) responded by forcibly repatriatingdefectors to North Korea, thus placing many of them at riskof being subjected to inhumane and degrading treatment and,at times, even death. This article provides an overview of thesituation of North Korean asylum seekers and analyses the legalprotection available to North Korean defectors under internationallaw. The article focuses specifically on the situation of NorthKoreans in mainland China and China's obligations under internationalhuman rights and refugee law. The aim of the article is to contributeto the elaboration of durable solutions for the plight of NorthKorean asylum seekers and to develop a range of recommendationsfor law reform and policy change.     

互易毒品行为的刑法性质评析

贩卖毒品罪中的卖出行为本质上以买卖关系为基础,互易毒品行为与之存在着性质差别。有偿性交付毒品和买卖毒品是不能划等号的,有偿性只是贩卖毒品的一个特征,而不是买卖行为的独自属性。将互易毒品行为认定为贩卖行为在逻辑上存在着大前提的判断错误。以毒品代物清偿同样不属于贩卖毒品。一概视为贩卖毒品罪违背了罪刑法定原则。只有通过完善立法,将提供毒品行为立法入罪,才能从根本上解决问题。     

Drug lords and narco-corruption: The players change but the game continues

This article examines the patterns and history of drug trafficking related corruption in Mexico. While the Bush administration has the efforts of the Salinas administration to fight both drug trafficking and corruption the author concludes that merely the players have changed, while trafficking and high-level corruption continue.     

Heroin Overdose Deaths and Heroin Purity Between 1990 and 2000 in Istanbul,Turkey*

Abstract: Turkey has continuously experienced problems with abuse of, and addiction to, opium derivatives. In this study, we analyzed the relationship between heroin overdose deaths and the characteristics of seized opium derivatives. Data were gathered from the Council of Forensic Medicine of the Ministry of Justice in Istanbul from 1990 to 2000. There were 636 heroin‐related deaths during this period, 595 of which were classified as heroin overdose deaths. Mean crude and weighted heroin purities remained relatively constant and were calculated to be 46% (57–34%) and 51% (39–59%), respectively. The weight of heroin and the number of heroin seizures, but not the heroin purity, were significantly associated with the number of heroin‐related deaths. Prevention strategies are needed to reduce the number of deaths caused by overdoses in countries situated on drug trafficking routes. These strategies should focus on drug trafficking, by providing increased levels of, and support for, law enforcement, stopping the supply of precursor chemicals, and combating corruption among border officials.     

The structure of drug trafficking mafias: the ‘Ndrangheta and cocaine

The paper analyses the social organization of two drug trafficking mafia groups. The groups belonged to the 'Ndrangheta, a mafia from Calabria, a Southern Italian region. Based on judicial sources, multiple linked analyses examine the tasks, statuses and social network structures of the two groups. The analyses showed that the formal hierarchy of the mafias does not play a relevant role in the organization of drug trafficking. At the same time, the two groups exhibited a particular organizational structure, with a clear division of tasks and signals of status differentiation among the members. Remarkably, the analyses highlighted the strategic positioning of the criminal leaders. The most prominent participants (high-status individuals) were not those most involved in criminal activities (i.e. the most central in the network). This positioning strategy allowed minimizing the risks and ensuring effective management of smuggling operations. Criminal leaders were able to control the activities thanks to the specific cultural, family, kinship and ritual ties characterizing the mafias. This specific organizational structure may explain the strong resilience of mafias to law enforcementaction. Implications for both research and law enforcement are discussed.