On The Legal System Of International Law Combating Transnational Human Trafficking

Starting from the concept and character of transnational human trafficking, byanalyzing the multilateral, regional, bilateral and unilateral legal system for combatingthis crime, evaluating their functions and features, also shortcomings, at last thisdissertation makes conclusions and offers proposals for setting the problems of the wholeinternational legal system for combating transnational human trafficking.This dissertation is instructed with preamble and text. There into the text iscomposed of six chapters.Chapter one is the overview of transnational human trafficking. Starting from theconcept and nature of this crime introduces its history and severe current situation. Byanalyzing, this chapter concludes that transnational human trafficking has become anorganized crime, it is internationally operated, much more intelligent than before, and hasa variety of approaches. Then explains that the the internal cause of this crime is theexploitation demand of cheap labor, its objective condition is the gap between differentcountries, external driving force is the economic globalization and the subjective factor isthe desire for economic benefits. The last part of this chapter explains the harm of thiscrime, and so build the basis for further argument.Chapter two is focus on the multilateral legal system of combating humantrafficking. By analyzing the provisions and implementations of UN anti-traffickingtreaties, exploring the initiatives and actions of UN agencies and other importantorganizations, this chapter discusses the achievements of the UN-led multilateral legalsystem and also its shortcomings, such as the provisions of these treaties are unbalanced,the enforcement mechanism is lack of force, the actions taken by relevant agencies are ofuncertainty and the practice of international organizations has contradictions and aone-sidedness problem. At last, this chapter points out the necessity of further exploringof this crime, bridge the differences between countries, and also the importance ofbuilding up a joint respond mechanism.Chapter three is about the regional legal system combating human trafficking,taking European as an example. The focus is the legislative and judicial mechanisms forjudicial cooperation of the EU, and the human rights treaty system with strongenforcement mechanisms for victims protection of the European Commission. Thischapter clarifies the respective functions and advantages of these two regional organizations in the fight against transnational human trafficking, and noted that the EU’ssystem is too inclined to maintain alliance security rather than victim protection andrecovery, thus it can not fully deal with the underlying causes of human trafficking;.TheEuropean Commission’s system provide victims with the most detailed and extensiveprotection, but its effect is restricted by the parties, the future development of it is ofuncertainty. Overall, the European regional legal system provides mature and specificprovisions, but its contradiction is also very prominent. The disconnection clause wouldundermine the potential of the treaty, certain provisions also highlights that theunderstanding of trafficking is already deviated from its nature, the legal norms haveinternal conflicts, and the negative attitude of member states will also weaken the role ofregional system. Finally, this chapter recommended that these two bodies to strengthencooperation and together build a regional joint mechanism to combat transnationalhuman trafficking.Chapter four discusses the bilateral legal mechanisms for combating humantrafficking: selective case study. Taking into account the different status of countriesinvolved in this crime, this chapter select the cooperation of the U.S. and Canada, the U.S.and Mexico, Italy and Albania, Italy and Poland as instances, representing thecooperation between the countries of destination, the cooperation between the country ofdestination and the country of origin, and, the cooperation between the country ofdestination and the country of origin under multilateral and regional mechanisms. Thecase study shows that at this time, bilateral cooperations between countries has alreadyachieved some results, but overall is still at the initial stage. Consolidate the basis forbilateral cooperation, deepen its level, expand its scope and modalities and promote jointenforcement actions are feasible ways to improve bilateral cooperation.Chapter five discusses the unilateral legal response mechanism of China to fighthuman trafficking. Firstly, it pointed out that the current legislation is too fragmented andseriously inconsistent with treaty obligations, there are also many loopholes and couldnot constitute a legal system. China is in lack of stable long-term mechanism, and has acognitive error in law enforcement purposes, its focus is on blocking out illegalimmigrants and not fight against criminal groups, thus can not make any substantial blowto these traffickers.In fact, this enforcement mechanism will bring the agencies andvictims into a vicious cycle. Therefore, China’s legislative and law enforcement must beimproved. Through the development of specific legislation, by modifying the provisions of the existing domestic law, taking measures to eliminate the incentives of the crime,and building up long-term enforcement mechanisms focus on organized criminal groups.Chapter six is the conclusion, it explains the problems faced by the internationallegal regime to combat transnational human trafficking and make recommendations.Based on analysis of the multilateral, regional, bilateral and unilateral legal system, thischapter represents that the basis for international legal regime is not accurate enough, theprovisions and implementation of the has imbalances is of utilitarian, the enforcementmechanism is not effective enough in practice. Moreover, the whole international legalsystem reflects a deep-rooted contradiction-the needs of global governance to fightagainst this crime, and the fragmentation reality of international law. For makingimprovement for the international legal system against transnational human trafficking,the most significant need is to modify the international legislation and set up uniformstandards, and then strengthening the implementation mechanism, promoting a widerange of in-depth international cooperation is also an important method, and undercertain conditions, seeking for international judicial mechanism. At last, this chapterrecommend the further study of the problem, pointing out that the elimination oftransnational human trafficking could only be possible if the differences betweencountries and regions are fully narrowed, and all aspects of this crime are taking intoaccount.