A Transnational Human Rights Approach to Human Trafficking

Empowering the Powerless

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In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights.

Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.

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Yoon Jin Shin, J.S.D. (2015), Yale Law School, is Assistant Professor at Seoul National University School of Law. She was a judge in South Korea and has published on human rights, gender, migration, and global constitutionalism.

1 Introduction: Comprehending Human Trafficking as a Transnational Human Rights Problem
 1 Overview
 2 Human Trafficking as a Transnational Human Rights Problem

2 Analysis of Current Legal Institutional Responses: International and Regional Levels
 1 International Level
 2 Regional Level: Europe
 3 Conclusion

3 Analysis of Current Legal Institutional Responses: National Level
 1 The United States
 2 Canada
 3 Australia
 4 Japan
 5 European States
 6 Conclusion

4 Case Study 1: South Korea
 1 Introduction
 2 Migration and Work of Filipina Entertainers in u.s. Camp Towns in South Korea
 3 Complex Realities across Human Trafficking and Labor Migration
 4 Analysis of Current Legal Responses
 5 Conclusion

5 Case Study 2: Taiwan
 1 Introduction
 2 The Background of the Anti-Trafficking Framework in Taiwan
 3 Case Study
 4 Efficacy of the Anti-Trafficking Framework
 5 Conclusion

6 International Human Rights Law in the Context of Human Trafficking
 1 Introduction
 2 International Human Rights Law and Transnational Human Trafficking
 3 The Right to Effective Remedies
 4 Conclusion

7 Alternative Approaches and Remedies: A Transnational Human Rights Framework
 1 Introduction
 2 Previous Literature on Alternative Approaches
 3 Shaping a New Framework
 4 Concretizing Obligations, Rights and Remedies
 5 Conclusion

Bibliography
Index
Anyone interested in globalization, migration, human trafficking, and relevant human rights issues, including tensions between states and individuals, remedies for victims, and international and national legal frameworks addressing these matters.
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