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Vol 23 No 2 Feb/March 2018

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Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Trafficking in Persons

ISBN13: 9789067041676
ISBN: 906704167X
Published: July 2003
Publisher: T.M.C. Asser Press
Format: Hardback
Price: £70.00

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The crime of trafficking in persons is being increasingly committed in an international context and many of the problems in prosecuting this crime are aggravated by the fact that more than one state is involved. National criminal laws are not sufficient to prosecute and to combat it adequately. As a transnational crime, solutions for an effective prosecution should be sought beyond national borders. This publication will provide an initial impetus for an approach at the EU level to prosecute trafficking in persons more effectively, based on the concept of regional jurisdiction. Recently developed instruments and initiatives within the EU, such as the European Arrest Warrant, Eurojust and a European Public Prosecutor, are also covered in this book. The final conclusion that can be drawn is that, for the moment, a dual track should be followed in order to prosecute the trafficking in persons more effectively.

Preface; Acknowledgements; Abbreviations
Part I. Introduction: Research Question and Aim of the Study: 1.1 Introduction; 1.2 Relevant developments in the process of globalisation; 1.3 The effects of globalisation on the crime of trafficking in persons; 1.4 Research question; 1.5 Aim of the study; 1.6 Structure of the study
Part II. Transnational Crime and International Criminal Law: 2.1 Introduction; 2.2 The nature of international criminal law; 2.3 The traditional categorisation of international criminal law; 2.4 Other subdivisions relating to the traditional one; 2.5 Transnational crime as a third group of crimes?; 2.6 Conclusion
Part III. Defining Trafficking in Persons; 3.1 Introduction; 3.2 History of the term 'trafficking in persons'; 3.3 Elements of the definition of trafficking in persons; 3.4 Use of definitions of trafficking in persons by the UN, the EU, and the IOM; 3.5 Trafficking in persons versus smuggling persons; 3.6 Relation of trafficking in persons to slavery and slavery-like practices; 3.7 Trends and scope of the phenomenon; 3.8 The relation of trafficking in persons to organised crime; 3.9 The use of the term 'trafficking in persons' in this study; 3.10 Is trafficking in persons a transnational crime?; 3.11 Conclusion
Part IV. European Policy Documents to Combat and Legal Instruments to Prosecute Trafficking in Persons; 4.1 Introduction; 4.2 Overview of policy documents; 4.3 Overview of the legal instruments; 4.4 Conclusion
Part V. The Effectiveness of Policy Documents to Combat Trafficking in Persons and Legal Instruments to Prosecute this Practice; 5.1 Introduction; 5.2 General remarks on the effectiveness of the policy documents and legal instruments to combat and prosecute trafficking in persons; 5.3 Obstacles to the application of legal instruments indicated in legal literature; 5.4 Obstacles to the application of legal instruments on mutual legal assistance in the EU; 5.5 Conclusion
Part VI. Obstacles to the Application of Legal Instruments to Prosecute Trafficking in Persons in the Netherlands; 6.1 Introduction; 6.2 Method of research; 6.3 Problems indicated in the preliminary interviews; 6.4 Results of the analysis of the files; 6.5 Conclusions
Part VII. Conclusions: 7.1 Summary; 7.2 Suggestions to improve the prosecution of trafficking in persons; 7.3 Final conclusion on this study; Appendices; Bibliography; List of treaties, documents, and cases; Index.