Law Commons^™

Exploitation In Migration: Unacceptable But Inevitable, Anne T. Gallagher Ao

Anne T Gallagher

Migrant Smuggling, Anne T. Gallagher Ao

Anne T Gallagher

The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David

Anne T Gallagher

From Peacekeepers To Slave Traders: An Australian's Journey To The Un And Beyond, Anne T. Gallagher Ao

Anne T Gallagher

Presentation to the New York Chapter of the Law Council of Australia, February 2013

From Peacekeepers To Slave Traders: An Australia's Journey To The Un And Beyond, Anne T. Gallagher Ao

Anne T Gallagher

Submission To The Australian Parliamentary Inquiry Into Slavery, Slavery-Like Conditions And People Trafficking, Anne T. Gallagher Ao

Anne T Gallagher

Remarks At The Launching Of The Anti-Trafficking Review, Anne T. Gallagher

Anne T Gallagher

Remarks delivered by Dr Anne Gallagher, Guest Editor, at the launch of the new journal: Anti-Trafficking Review.

Measuring The Success Of Counter Trafficking Interventions In The Criminal Justice Sector: Who Decides - And How?, Anne T. Gallagher Ao, Rebecca Surtees

Anne T Gallagher

Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure) will vary according to: (i) who …

Martina Vandenberg, Review Of "The International Law Of Human Trafficking", Anne T. Gallagher

Anne T Gallagher

American Journal of International Law (2012): Review of Anne T. Gallagher, "The International Law of Human Trafficking", by Martina Vandenberg

Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach

Anne T Gallagher

Integrating Reproductive Rights Into The Work Of National Human Rights Institutions, Anne T. Gallagher

Anne T Gallagher

Understanding Exploitation, Anne T. Gallagher

Anne T Gallagher

Anne Gallagher critiques Suddharth Kara's article "Supply and Demand: Human Trafficking in the Global Economy", published in Harvard International Review, June 2011.

Commentary To The Recommended Principles And Guidelines On Human Rights And Human Trafficking, Anne T. Gallagher

Anne T Gallagher

Improving The Effectiveness Of The International Law Of Human Trafficking: A Vision For The Future Of The Us Trafficking In Persons Reports, Anne T. Gallagher

Anne T Gallagher

In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on the behavior of states. In looking to the future, the article focuses on how this influential unilateral compliance mechanism …

The Right To An Effective Remedy For Victims Of Trafficking In Persons: A Survey Of International Law And Policy, Anne T. Gallagher

Anne T Gallagher

Remedies are a critical aspect of the international legal response to trafficking, confirming the status of trafficked persons as victims of crime and victims of human rights abuse. Over the past decade, States and the international community have come to better understand the true consequences of trafficking – an essential prerequisite to consensus on what constitutes ‘effective” and “appropriate’ remedies for trafficking-related harm. There have also been great improvements in the articulation and acceptance of legal obligations owed by States to prevent and respond to such harm. Unfortunately, and despite this important progress, victims of trafficking very rarely receive the …

The International Law Of Human Trafficking, Anne T. Gallagher

Anne T Gallagher

This book presents the first-ever comprehensive and in-depth analysis of the international law of human trafficking. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of State responsibility , as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of States with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators.

The High Cost Of Freedom: A Legal And Policy Analysis Of Shelter Detention For Victims Of Trafficking, Anne T. Gallagher, Elaine Pearson

Anne T Gallagher

In countries around the world it is common practice for victims of human trafficking who have been “rescued” or who have escaped from situations of exploitation to be placed and detained in public or private shelters. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This article uses field-based research to document this largely unreported phenomenon. It then considers the international legal aspects of victim detention in shelters and weighs the common justifications for such detention from legal, policy, and practical perspectives.

Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

Law Enforcement Cooperation In Anti-Trafficking Cases, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Gallagher and Holmes consider the extent to which cross-border cooperation between national law enforcement agencies is necessary for an effective criminal justice response to trafficking. In exploring the opportunities and challenges of such cooperation, the presenters draw on first-hand experience of working with the ASEAN Heads of Specialist Trafficking Units Process ; established in 2004 to promote exchange of intelligence and good practices between specialist trafficking units in South East Asia.

Human Rights And Human Trafficking: Quagmire Or Firm Ground? A Response To James Hathaway, Anne T. Gallagher

Anne T Gallagher

In a Fall 2008 article published in the Virginia Journal of International Law, James Hathaway questions whether the elimination of trafficking is a worthy objective and an appropriate focus for international law. Specifically he charges that while the elimination of trafficking is billed as the answer to contemporary slavery, the focus on trafficking has unfairly 'privileged' a small group of exploited individuals and diluted efforts that could have been better spent addressing the much broader problem of human enslavement. Hathaway also asserts that those human rights advocates and practitioners engaged on the issue of trafficking have been hoodwinked by preferred …

Developing An Effective Criminal Justice Response To Human Trafficking: Lessons From The Front Line, Anne T. Gallagher, Paul Holmes

Anne T Gallagher

Trafficking in persons now affects all regions and most countries of the world. Over the past decade, there has been increasing acceptance of the need for an effective, internationally coordinated response. However, the practical difficulties in realizing this goal are considerable. No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error. While communication between national agencies on this issue is improving, there is still very little cooperation or cross-fertilization of ideas …

Using International Human Rights Law To Better Protect Victims Of Trafficking: The Prohibitions On Slavery, Servitude, Forced Labour And Debt Bondage, Anne T. Gallagher

Anne T Gallagher

Trafficking was a matter for international human rights law long before it became an issue of migration or of transnational organized crime. However human rights law has not, on balance, been especially useful to victims of trafficking. Rarely are even the most clear-cut and uncontested provisions (e.g. those relating to slavery, debt bondage, forced marriage and forced labor) advanced in relation to a situation of trafficking. When such connections are made, their purpose is often rhetorical and, even when presented by legal scholars, conspicuously lacking in legal justification. While many examples could be cited, one of the most significant relates …

The United Nations, Democracy And Human Rights, Anne T. Gallagher

Anne T Gallagher

No abstract provided.

A Shadow Report On Human Trafficking In Lao Pdr: The U.S. Approach V. International Law, Anne T. Gallagher

Anne T Gallagher

Since 2001, the United States Government has issued annual reports on the situation of human trafficking in every country other than its own identified by the State Department as having a significant trafficking problem. The focus of this article is on the standards that are used to assess the response of States to trafficking. The article examines the way in which the US judges the performance of countries while noting that international law already provides detailed and substantive guidance on the obligations of States in this area. The author demonstrates, using Lao PDR as an example, that application of these …

Recent Legal Developments In The Field Of Human Trafficking: A Critical Review Of The 2005 European Convention And Related Instruments, Anne T. Gallagher

Anne T Gallagher

In terms of both speed and substance, the development in human trafficking related norms and standards over the past several years is almost unprecedented in international law. This article examines the 2005 Council of Europe Convention on Action against Trafficking in Persons and the various legal and policy developments that led up to or otherwise intersect with this watershed agreement. The analysis focuses special attention on the issues of international obligation and responsibility around trafficking, particularly in relation to its important human rights dimensions. What exactly is required of States under the new European treaty in terms of specific actions …