Law Commons^™

Migrant smuggling -the unauthorized movement of individuals across national borders for the financial or other benefit of the smuggler - has emerged as a major issue of concern for States and the international community. This chapter provides a detailed analysis of the specialist legal framework around this issue that developed within the framework of transnational criminal law. It then examines the broader rules that come into play in relation to several migrant smuggling issues of high contemporary significance: interception and rescue at sea (with specific reference to international maritime law) and protection and return of smuggled migrants (with specific reference …

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant …

Australia has made progress in addressing the exploitation of people for profit but much remains to be done. This submission argues that Australia is missing valuable opportunities to shape global laws and policies and should be taking a stronger leadership role at the international level. In relation to the national response it suggests that the legal framework around trafficking and slavery needs to be rationalised; that Australia must lift its game with respect to criminal justice responses; and that victims of exploitation must be given better access to remedies. The submission also rejects the current conflation of trafficking and migrant …