Human security,transnational crime and human trafficking – Asian and western perspectives,edited by Shiro Okubo and Louise Shelley

Chile began its re-democratisation process in 1990 with a profound lack of counter- money laundering standards. Over time, the nascent political order was compelled to build institutions and generate norms in light of the security principles promoted by foreign actors. However, Chile’s reluctance, for instance, to not create a financial intelligence unit (FIU) until 2003, put the country in a particular stance for assessing criminal proceedings. This article reviews the construction of Chile’s governance of money laundering and focuses specifically on the role played by the Unidad de Análisis Financiero (UAF, Chile’s FIU) in maximising inter-institutional governing relations. The paper reviews three periods of time: the institutionalisation era (1990–2002), the UAF’s formative years (2003–2008) and the policy-building phase (2009–2014). The research concludes by exploring how Chile’s case adds to our qualitative knowledge on democratic network governance.     

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.     

Environmental Services and Competition: A Global Perspective

Competition theory has been poorly applied in infrastructure sectors characterized by joined-up physical networks, such as water, sanitation and electricity. Crude tendering mechanisms have been used to promote competition, resulting in unstable contracts. Meanwhile, competition issues are hardly recognized, or are even suppressed in the non-networked (i.e. not yet connected) parts of these sectors. The difference between the networked and non-networked sectors within a given service is arguably as important as that between the different services, such as water and electricity.
Competition has been seen as being fostered by liberalizing trade and this has raised hopes and fears among protagonists and opponents, respectively. In this context, the impact of the World Trade Organization's General Agreement on Trade in Services (GATS) on environmental services has been slight and the main contribution to be made by competition policy could prove to be at the micro-level. In that regard, it may be more helpful to refer to de-monopolization rather than competition.     

互文性视角下路易丝·拉贝“歌集”的多声部意义

路易丝·拉贝,法国文艺复兴时期里昂著名女诗人,她的作品集中体现了16世纪里昂流行的各种思潮。本文以互文性视角来分析其诗歌,通过互文性解读尽量深入地挖掘其诗歌的多声部意义。虽然她的诗歌只围绕一个主要主题——爱情,但她用来编织诗歌文本空间的线却多种多样,古希腊罗马文化、中世纪骑士文学和彼特拉克主义等都成为她的手中线。这些互文本共同构建了路易丝·拉贝的诗歌空间,将16世纪里昂社会写入了文本之中。     

Smuggling of Migrants, Trafficking in Human Beings and Irregular Migration on a Comparative Perspective

Abstract:  The European Union aims to develop a European criminal justice to combat cross-border crimes of smuggling of migrants and trafficking in human beings. This article focuses its attention on European Community/European Union (EC/EU) law and on two Member States, Italy and the United Kingdom (UK). The findings show that there are diversities and ambiguities in the definition of irregular migration. On the contrary, the EU and Member States should concentrate their efforts on the two crimes of smuggling of migrants and trafficking in human beings rather than criminalising irregular migration.     

National Human Trafficking Initiatives: Dimensions of Policy Diffusion

The implementation of criminal law involves formal law enforcement, education, and public outreach aimed at preventing criminal activity and providing services for victims. Historically, quantitative research on global trends has focused on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered‐probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim‐protection efforts, we find that global ties and domestic interest groups matter more where international law is less defined. Although prosecution, mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the protocol nor levels of US aid were associated with greater implementation of antitrafficking measures.     

The UNHCR's Guidelines on Human Trafficking

In April 2006 the UNHCR published Guidelines on the applicationof the Refugees Convention to people who have been trafficked.While there is little doubt that trafficked people are subjectedto serious violations of their basic rights and interests, theapplicability of the Convention is problematic because theydo not fit easily into any of the categories recognised by theConvention as giving rise to an entitlement to refugee status.The Guidelines adopt the definition of trafficking containedin the Palermo Protocol to the UN Convention on TransnationalOrganised Crime 2000. The various elements of the refugee definitionare then analysed for their relevance to trafficking. The Guidelinesshow that the Refugees Convention may be applicable, but inlimited cases, particularly through the possibility of victimsof trafficking being members of a particular social group.     

Reconciling Trade and Culture: A Global Law Perspective

This article provides an overview of the most essential issues in the trade and culture discourse from a global law perspective. It looks into the intensified disconnect between trade and culture and exposes its flaws and the considerable drawbacks that it brings with it. It is argued that these drawbacks become especially pronounced in the digital media environment, which has strongly affected both the conditions of trade with cultural products and services and cultural diversity in local and global contexts. In this modified setting, there could have been a number of feasible “trade and culture” solutions—i.e., regulatory designs that while enhancing trade liberalization are also conducive to cultural policy. Yet, the realization of any of these options becomes chimerical as the line between trade and culture matters is drawn in a clear and resolute manner.     

Exploitation in Human Trafficking and Smuggling

This article explores the mechanisms that underpin human smuggling and trafficking. It argues for the continued analytical relevance of the distinction between “trafficking” and “smuggling”, as posited by the 2000 UN Protocols. While this distinction has come under sustained criticism from several authors over the last 15 years, it nonetheless continues to capture the essential features of two distinct phenomena (control over a human being vs. illegal entry into a country), and acknowledges the role of agency in smuggling. The paper goes on to discuss three different scenarios that may emerge as a result of the interplay between smugglers and smuggled persons, and it specifies the role of exploitation in each scenario. In addition, the paper offers empirical evidence of the key building blocks of smuggling — namely the search for reliable information and the reaching of an agreement in regard to the service offered — and of how smuggling can turn into trafficking. This work concludes by drawing out the relevant policy implications.     

International Efforts Against Trafficking in Human Beings

Following the changing mentality, the efforts to find a common definition,concerning trafficking in human beings, focusing on the issue to harmonisethe national and international legal measures, legal instruments aiming atcombat-ing traffic in human beings, we are witnessing an important segmentof the process towards internationalisation and europeanization of criminallaw and criminal justice.     

Trafficking in Human Beings. Ten Years of Independent Monitoring by The Dutch Rapporteur on Trafficking in Human Beings

The report ‘Trafficking in Human Beings, Ten years of independent monitoring’ marked the tenth anniversary of the establishment of the post of National Rapporteur as an independent monitoring mechanism of the Netherlands’ efforts to combat human trafficking. It also marked ten years of making recommendations, 200 in all. Many of those recommendations have been acted upon, the importance of some has receded and others have been regularly repeated. The report outlines the progress made in efforts to tackle human trafficking in the Netherlands over the last ten years in light of those recommendations. In this contribution, the most important aspects of the report are summarised, with a focus on the three P’s (protection, prevention and prosecution), together with the additional P’s (punishment and partnership).     

Human Trafficking for Criminal Exploitation: The Failure to Identify Victims

Human trafficking for criminal exploitation is one of the lesser-known forms of human trafficking. The failure of the criminal justice system to identify the victims of this type of trafficking can lead to a failure to take the victim-centred approach to trafficking espoused in the international legal instruments that regulate the matter, an approach that emphasises the protection of victims and respect for their rights. In light of earlier findings of the existence of unidentified victims of human trafficking for criminal exploitation in several European countries — the UK, Ireland, Spain, the Czech Republic and the Netherlands — a qualitative study was conducted, consisting of 37 in-depth interviews with practising criminal justice professionals and victim service providers in Spain. Because undetected victims of human trafficking for criminal exploitation are usually treated as offenders, the main aim of this research with professionals was to determine the causes of the criminal justice system’s failure to identify the victims of this specific form of trafficking in order to prevent them from remaining hidden victims.     

人权视角下的中国金融反恐法律机制

近年,出于打击恐怖主义融资的需要,形成了国际金融反恐法律机制。该机制在运行过程中,与公民金融隐私权、个人信息权以及无罪推定原则、比例原则等产生了一定的张力。在加强金融反恐法律机制的同时,我国仍需要健全金融反恐法律体系,调整金融反恐执法机构职能,加强金融反恐措施侵害个人权利时的法律保障,完善金融反恐法律机制,实现反恐怖主义与人权保护的平衡。     

Social Control,Trade Openness and Human Trafficking

Objective

Human trafficking has generated growing concern among both policy makers and researchers. However, research has been hampered by a lack of valid data and appropriate methods. Our study attempts to improve understanding of this issue by developing a macro-level social disorganization perspective which suggests that trade openness may be an important vector of human trafficking such that countries in transition between high and low levels are likely to face major challenges in controlling trafficking and will therefore be especially likely to experience high rates. Our analysis is based on United Nations panel data containing 163 time points for 43 countries from 2003 to 2008 where there is full information across the variables of interest.

Methods

The study first relies on semi-parametric fixed effects regression estimators to determine the “true” functional form of the relationship between trade openness and human trafficking. Next, we utilize random and fixed effects regression analysis and negative binomial regression analysis to assess the existence of an inverted U-relationship between trade openness and human trafficking.

Results

Consistent with our theoretical prediction, the spline approximation of the relationship between trade openness and human trafficking rates exhibits a clear inverted-U. The random and fixed effects regression results support the same conclusion. The turning point is estimated to be 1.995 and two sensitivity analyses confirm this finding through a parametric and a nonparametric bootstrap method with replications. Finally, using negative binomial and fixed effects negative binomial regressions, we again confirm that there is an inverted-U relationship between trade openness and human trafficking counts.

Conclusions

In line with a macro-level social disorganization perspective we argue that countries with relatively weak social control will have high rates of crime and deviance. We operationalize social control in terms of the openness of a country’s trade to the international community and as expected we find a curvilinear relationship between levels of trade openness and human trafficking.

     

冲突与平衡：知识产权的人权视野

一、国际动向:知识产权的人权议程 最近几年,在知识产权制度设计日益细密、并逐渐走向全球化的过程中,一个十分突出的问题开始引起国际社会的强烈关注--知识产权与人权的关系.具体说,知识产权制度的深入发展,是否在消极地影响着人权的充分实现,正成为国际人权领域的一个前沿问题.     

Trafficking in Human Beings: The EU Approach between Border Control, Law Enforcement and Human Rights

The fight against trafficking in human beings has been high on the political agenda of international organisations, regional organisations and states for more than a decade. The European Union (EU) and the international community continuously reaffirm their commitment to work jointly in countering the phenomenon. After years of arguing over a common definition and approach that culminated in the first international definition in 2000, it could be assumed that the international and European definitions solve the issue of how to define and counter trafficking in human beings. Still, the debate on how to understand and approach the problem has not ceased to exist. In particular, the dominant opposition between a rights-based and a law enforcement approach has not been dissolved by calls for holistic or multi-faceted approaches. The aim of this article is to identify the approach taken by the EU, looking out for conceptual (in-)consistencies, underlying assumptions and convictions. The rationale guiding EU action is extracted and questioned by disclosing silenced aspects and contrasting them to their reappearance in other legal instruments. It is argued that the humanitarian intentions of victim protection are overshadowed by general anti-immigration conveniences. The approach taken by the EU not only provokes the somewhat artificial opposition between innocent victim and guilty migrant, but it can easily fall prey to deeply entrenched gender and racial stereotypes.     

Human Trafficking in International Law Before the Palermo Protocol

Netherlands International Law Review - Over the last 120 years, six international instruments have been created for the specific purpose of addressing human trafficking. Although these...