Trafficking in persons : specific issues under public international law

Abstract

Current international public and legal affairs are presenting States with emerging realities, which constantly require inter-State dialogue and relations based on proper policy, management and security responses. The crime of trafficking in persons, and the new forms thereof, is one example of such an actuality, especially in view of the persistent movement of people, voluntary or forced, across borders. This state of play raises a number of legal issues, which although very specific in nature, should be examined and analyzed within the existing general anti-trafficking legal frameworks and in full awareness of other international issues of concern to the international community. Part I outlines the chronological development of international and regional antitrafficking regulation whilst attempting to decipher the obstacles and loopholes of the implementation of such. Part II examines the link between anti-trafficking efforts and the security sector as part of security governance, whilst proposing ways of improving security sector responses. This is based on the hypothesis that trafficking in persons undermines security governance through its links with organized crime and corruption. Subsequently, Part III delves into the notion of the legal responsibility of states for curtailing the crime of trafficking in persons whilst drawing upon the theories of the invocation of state responsibility for violations of international law