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Human Trafficking: The Impact Of Covid-19 On Labor Trafficking In The Us, Anthony A. Mottola

Theses and Dissertations

Human trafficking is a global phenomenon where traffickers prey upon their victims without discriminating against age, gender, ethnic background, or nationality. The United States (US) is not immune to the human rights violations of human trafficking. The victims of human trafficking are coerced into a life of exploitation through forced labor or sexual exploitation. Many victims are migrants from disadvantaged countries that travel to the US seeking employment but end up the victims of abuse, both physically and mentally, at the hands of traffickers. In 2020, the COVID-19 pandemic devastated the global economy, forcing quarantines, travel bans, and social distancing. …

Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim

Faculty Publications

The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.

In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …

The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez

Catholic University Law Review

The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …

The Criminogenic Effects Of Damaging Criminal Law’S Moral Credibility, Paul H. Robinson, Lindsay Holcomb

All Faculty Scholarship

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby …

Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla

University of Miami Inter-American Law Review

46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich

ProAcademy

The author raises the problem of international cooperation of states in the field of illicit trafficking in narcotic drugs and psychotropic substances. References are given to the main conventions related to this problem, signed in different years. The mechanisms of adoption and the form of practical application of these conventions are disclosed, as well as an analysis of the situation in the world in relation to drug trafficking is given, options for resolving the problem by strengthening the international system for controlling drug trafficking are proposed. A comprehensive analysis of international cooperation on legal and organizational approaches to combating the …

Human Rights And Transnational Organized Crime, Robert Currie, Sarah Douglas

Articles, Book Chapters, & Popular Press

This chapter will scrutinize the points at which these two legal regimes intersect with and infuse each other. It will proceed in three sections. The first section will provide a brief overview of the international human rights law system, specifically tailored to ground the following parts. The second section will examine the means by which protection is given to the human rights of individuals who are targeted for criminal investigation and prosecution as a result of their alleged involvement in TOC (referred to for efficiency as “accused persons” or “the accused”). It will first briefly explain the means by which …

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.

The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review, Roberto Rosas

St. Mary's Law Journal

Abstract forthcoming.

Money Laundering In The Commercial Sex Market In The United States, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This paper describes money laundering techniques used by different criminal organizations operating in the U.S. sex market. Prior to this study, scholars have not investigated money laundering techniques used in the U.S. sex market in a comprehensive manner. This paper describes and categorizes methods used for money laundering. It discusses the similarities and differences in money laundering techniques in the U.S. sex markets. Current challenges to combating money laundering are reviewed and recommendations are made to strengthen the ongoing fight against money laundering in the U.S. sex markets.

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Linda A. Malone

No abstract provided.

Human Trafficking In Japan Through The Use Of Schoolgirls, Khyrsten Acadimia

International ResearchScape Journal

Joshi Kosei (JK Business), is the integration of schoolgirls in the human trafficking industry in Japan. It is a form of compensated dating called “Enjo Kosai.” Japan is currently ranked as a tier 2 country within the Trafficking in Persons 2017 report that is conducted by the United States Department of State. This is due to the lack of enforcement behind the current policies to prosecute traffickers and protect victims. This paper traces the human trafficking industry from World War II to present times, as well as the Joshi Kosei phenomena from the 1990s to the present. After that there …

Improving The Role Of Experts Under Indonesian Criminal Procedure Law: Lessons Learned From The Dutch Legal System, Josua Sitompul

Indonesia Law Review

This article attempts to scrutinize the role of expert under KUHAP and examine how Indonesian courts have interpreted and applied relevant rules and principles of the expert in selected cybercrime cases. It finds that the main role of expert in such cases is providing the courts with opinions on the legal and technical meanings of the legal provisions at stake and their contextualization in the cases. This raises a question whether law enforcement agencies comprehend the execution of the provisions. It also shows that law enforcement agencies are not always interested in getting digital forensic examination from which electronic evidence …

Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish

St. John's Law Review

(Excerpt)

This Note argues that the Baston court was incorrect both in finding the Amendment consistent with the protective principle and in its analysis of the defendant’s nexus with the United States. This Note asserts, instead, that (1) the Amendment is not valid under any traditional bases of prescriptive jurisdiction but is consistent with the United States’ international obligations to “extradite or prosecute,” and (2) the Amendment may be applied under the international anti-trafficking conventions to foreign defendants present in the United States, regardless of nexus, without violating due process.

Part I of this Note describes the complex nature of …

Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon

Articles, Book Chapters, & Popular Press

States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …

Copla: A Transnational Criminal Court For Latin America & The Caribbean, Robert Currie, Jacob Leon

Articles, Book Chapters, & Popular Press

States in the Latin American and Caribbean regions have long called for the creation of an independent, international court to prosecute members of transnational organized crime gangs. These organizations not only profit from the illicit traffic in drugs, people and cultural property, but are able to corrupt and undermine the domestic legal systems and judiciaries of the affected states. This paper examines the current proposal for the creation of the "Latin American and Caribbean Criminal Court Against Transnational Organized Crime" (COPLA). It reviews the rationale for creating such a court, examines the main pillars of the current proposal, and suggests …

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming

Channeling Unilateralism, Maggie Gardner

Maggie Gardner

When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick …

The First Real-Time Blockchain Vat - Gcc Solves Mtic Fraud, Richard Thompson Ainsworth, Musaad Alwohaibi

Faculty Scholarship

Following years of study the Gulf Cooperation Council (GCC) appears ready to adopt the recommendations of the International Monetary Fund (IMF) and put in place a tax system that will stabilize revenue. A value added tax (VAT) and corporate income tax (CIT) are considered. A VAT Framework Agreement, that functions like the VAT Directive in the EU, has been agreed.

Although new, the GCC VAT is very worthy of attention. From a tax policy perspective, it is making notable improvements to EU VAT design. The GCC VAT is (potentially) the world’s first real-time, blockchain-secured, multi-jurisdictional VAT. This is a remarkable …

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs

No abstract provided.

The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi

UIC Law Review

This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.

Confronting Mexico's Enforced Disappearance Monsters: How The Icc Can Contribute To The Process Of Realizing Criminal Justice Reform In Mexico, Rodolfo D. Saenz

Vanderbilt Journal of Transnational Law

In 2015, the United Nations Committee on Enforced Disappearances released a report on Mexico, concluding that there is a generalized context of disappearances in the country, many of which would meet the legal definition of enforced disappearance. Despite the recurring pattern of mass disappearances throughout the country in the last decade, including the recent disappearance of forty-three students in Iguala, Mexico has not convicted a single person for an enforced disappearance committed after 2006. Equally appalling is the fact that 40 percent of missing person cases in the country never get opened. Mexico has begun a process of reforming its …

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

Bringing Balance To The Force: The Militarization Of America’S Police Force And Its Consequences, Anta Plowden

University of Miami Law Review

The current trend in the militarization of police can be traced back to the earliest times in our country. We are soon approaching a tipping point in which the combination of aggressive military tactics, wrongful deaths and injuries, and a lack of accountability will lead to an increase in civil unrest and animosity towards those who have sworn to uphold the law. In an ironic twist of fate, the military force, which law enforcement is trying to emulate, has made sharp adjustments in the way it operates due to the missions in Iraq and Afghanistan. It has adopted more police-like …

Bingo, Morality And The Criminal Law, Frederick J. Ludwig, Dominic Hughes, O.P.

The Catholic Lawyer

No abstract provided.

A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie M. Reid

Melanie M. Reid

Corruption And Development: The Need For International Investigations With A Multijurisdictional Approach Involving Multilateral Development Banks And National Authorities, Juan G. Ronderos, Michelle Ratpan, Andrea Osorio Rincon

Osgoode Hall Law Journal

We argue that while Multilateral Development Banks (“MDBs”) and national governments have mechanisms to fight corruption, the objectives and outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction small and medium enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. This article examines the enforcement objectives articulated in national legislation, namely the US Foreign and Corrupt Practices Act and its Canadian counterpart, the Corruption of Foreign Public Officials Act, as well as several Canadian cases, …

Channeling Unilateralism, Maggie Gardner

Cornell Law Faculty Publications

When crime reaches across borders to threaten human security or undermine democracy, states often respond by adopting multilateral treaties that obligate each of them to suppress the transnational crime at home. These treaties help, but only to the extent that parties comply with them. Because states generally cannot enforce their laws outside their own territory, transnational criminals can evade prosecution as long as some states are unable or unwilling to meet these treaty commitments. One solution for improving compliance with these treaties may be, counterintuitively, more unilateralism. Using case studies on transnational bribery and drug trafficking, as well as thick …