Transplant Tourism

An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants

Transplant Tourism: An International and National Law Model to Prohibit Travelling Abroad for Illegal Organ Transplants explores the role that international and national laws must play in the prohibition and eradication of transplant tourism and proposes a three-stage legal model for the prohibition of the practices. Through the examination of international law norms, principles and instruments; laws and policies from several legal systems; and legal frameworks and models which currently prohibit a number of national, transnational and international offences, this publication focuses on the creation of a comprehensive soft law instrument on transplant tourism, a treaty on transplant tourism and unified national transplant tourism laws with extraterritorial application in accordance with the principles and spirit of the international law instruments.
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Biographical Note

Terry O. Adido, Ph.D. (2017), University of Alberta, is an attorney and expert on international human rights law and health law. He is currently a member of the Academic Council of the United Nations System.

Table of contents

List of Abbreviations
1 Introduction
 A Background
 B Definition of Transplant Tourism
 C Transplant Tourism Parties and Aggravating Factors
 D Transplant Tourism Prior to 2008
 E Transplant Tourism After 2008
2 Schools of Thought on Transplant Tourism and the Creation of Regulated Markets in Human Organs
 A Introduction
 B Schools of Thought in Favor of Transplant Tourism and Related Practices
 C Schools of Thought Against Transplant Tourism and Related Practices
   1 The Commodification Argument
   2 The Exploitation Argument
   3 The Harm to Healthcare System and Patients Argument
   4 Other Arguments Against Transplant Tourism
3 Current National Laws on Transplant Tourism
 A Introduction
 B An Overview of National Organ Transplant Laws
 C Organ Transplant Laws in Key Transplant States
   1 The Philippines
   2 India
 D Organ Transplant Laws in Key Tourist States
   1 Israel
   2 Canada
   3 Australia
4 International Law and Transplant Tourism
 A Introduction
 B International Health Law
   1 International Health Law Instruments on Transplant Tourism
 C International Human Rights Law
   1 International Human Rights Instruments Relevant to Transplant Tourism
   2 Enforcement of UN Human Rights Law
   3 Challenges of Enforcing Human Rights Law
   4 Regional Human Rights Systems
 D International Criminal Law
   1 International Criminal Law Instruments Relevant to Transplant Tourism
   2 Enforcement of International Criminal Law
 E The Influence of Transnational Advocacy Networks and Epistemic Communities in Organ Transplantation and Transplant Tourism Areas
5 Developing an International Law Model for Transplant Tourism
 A Introduction
 B Sources of International Law
 Relationship Between International Law Sources and Transplant Tourism
   1 Treaties
   2 Customary International Law
   3 Soft Law
 D A Binding Legal Instrument on Transplant Tourism
6 The Role of Extraterritorial Criminal Legislation in the Prohibition of Transplant Tourism
 A Introduction
 B The Jurisdiction of States over Persons, Property and Transactions
   1 Enforcement Jurisdiction
   2 Prescriptive Jurisdiction and the Use of Extraterritorial Criminal Laws
 C The Exercise of Extraterritorial Criminal Jurisdiction by Tourist States
   1 The United States
   2 Canada
   3 The Application of Extraterritorial Criminal Jurisdiction to Transplant Tourism
 D The Child Sex Tourism Model
   1 Introduction
   2 International Law Prohibition of CST
   3 National Law Regulation and the Impact of the CST Model
   4 The Relationship Between CST and Transplant Tourism
 E The Use of Extraterritorial Laws to Combat Transplant Tourism
   1 Soft Law
   2 Transplant Tourism Treaty
   3 National Criminal Laws
7 Enforcement of Transplant Tourism Criminal Law Model
 A Introduction
 B Enforcement Challenges
   1 Local Factors in Transplant States
   2 Challenges in Securing Evidence in Transplant States
   3 Evidentiary and Procedural Challenges in Tourist States
   4 Policies and Abilities of the Enforcing State
 C Possible Solutions to Enforcement Challenges: Enforcement Assistance
   1 Mutual Legal Assistance in Evidence Gathering
   2 Videoconferencing
   3 Duty to Report by Doctors in Tourist States
   4 Organ Verification Process (Transplant Certificates)
 D Monitoring
   1 Monitoring by the United Nations and Regional International Organizations
   2 Monitoring by Transnational Advocacy Networks (TAN s)
   3 Creation of National Taskforces
8 Conclusion
 A The Current State of Transplant Tourism Prohibition
 B Proposals and Their Justifications
   1 A Comprehensive Soft Law Instrument on Transplant Tourism
   2 A Treaty on Transplant Tourism
   3 Extraterritorial National Criminal Laws on Transplant Tourism
 C Key Provisions of an International Law Instrument on Transplant Tourism
   1 Key Provisions
 D The Need for Better Commitment to the Eradication of Transplant Tourism by States and the International Community


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