Digital Commons Network^™

The Insecurity Of Trafficking In International Law, Gregor Noll

Gregor Noll

The present chapter inquires into to the definition of trafficking in the 2000 Trafficking Protocol. The concept of trafficking seems to offer a self-evident point of departure to broach inequality and migration in the international domain. It emphasises the inequality between trafficker and the trafficked person, and States task themselves to side with the latter - and weaker - party in that relationship. Other dimensions of inequality, as that between migrants and States, are removed from the limelight of trafficking language. Trafficking of human beings is distinct from human smuggling: while trafficking is about non-consensual and exploitative relations between the …

Evidentiary Assessment In Refugee Status Determination And The Eu Qualification Directive, Gregor Noll

Gregor Noll

Evidentiary assessment in asylum procedures is an area largely unregulated by international law. While the EU Qualification Directive does not purport to fill this lacuna, its Article 4 offers a norm that does touch on a number of central aspects of evidentiary assessment. This article provides a detailed analysis of this complex provision and its practical implications. Amongst others, the Directive obliges Member States to communicate any information that impacts on the relevance of the applicant's statements.

The processing of information and evidence is divided into three distinct stages. The first deals with the submission of information, the second seeks …