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Modern Slavery
A Comparative Study of the Definition of Trafficking in Persons
Series: - International Studies in Human Rights, Volume: 110
Author:
In
Modern Slavery – A Comparative Study of the Definition of Trafficking in Persons Dominika Borg Jansson discusses why, despite international anti-trafficking efforts, there are so few trafficking convictions worldwide. In an easily accessible language, the author explains why international legal harmonization in this area has been difficult. Making use of the concept of legal transplants, Dominika Borg Jansson compares experiences from Sweden, Poland and Russia offering insights into especially Russian legislation that are not widely available. The problems concerning the implementation of the international definition of trafficking are here divided into country-specific challenges and obstacles attributable to the original source. Jansson also addresses the effectiveness of criminalization of trafficking and offers suggestions on how future trafficking legislation might be framed.
Dominika Borg Jansson, LL.D. (2013), Uppsala University, is a researcher at that university. She has published on a range of issues in international criminal law, most recently in the article “Människohandel för sexuella ändamål: Ideala offer och de andra”, (
Juridisk Tidskrift, 2014).
"Overall, the book is written with great clarity. The book will be useful to all those interested in issues of slavery and trafficking and, more specifically, those who are attempting to understand the legal application of the international trafficking provision to ensure effective prosecutions and convictions of human trafficking, a key element for eradicating its practice."
Amy Weatherburn, Human Rights Law Review, 15 (2015), p. 775–798.
Amy Weatherburn, Human Rights Law Review, 15 (2015), p. 775–798.
Excerpt of table of contents:
Abbreviations
1 Introduction
Purpose and Research Questions
Harmonization of Criminal Law within the Context of Human Trafficking
Approaches to the Study and Conceptualization of Human Trafficking
Outline
2 Theory and Methodology
Introduction
Reasons for Choosing the Case Studies
Methodological Difficulties
Legal Transplants
Importance of Language
3 Human Trafficking as a Social Practice
Introduction
Trafficking: An Overview
Trafficking in Human Beings after the Demise of Communism
Push and Pull Factors
Trafficking from Various Perspectives
4 The Role of the Palermo Documents
UN Trafficking Documents: Overview
Anti-Trafficking Efforts of the UN – A Historical Background
Palermo Convention on Organized Crime
Palermo Protocol – The Negotiation Process
Summary
5 Sweden
Introduction
Present Provision on Trafficking
General Intent
Participation
Previous Provisions
Other Relevant Provisions
Swedish Legislation through the Prism of Legal Transplants
Sweden – Summary
6 Poland
Introduction
Present Provisions on Trafficking in Human Beings
General Intent
Criminal Participation
Previous Provisions
Other Relevant Provisions
Polish Legislation through the Prism of Legal Transplants
Poland – Summary
7 Russia
Introduction
Present Provisions on Trafficking in Human Beings
General Intent and the Specific Purpose of Exploitation
Participation
Previous Provisions
Other Relevant Provisions
Russian Legislation through the Prism of Legal Transplants
Russia – Summary
Non-Legal Issues
8 Conclusions and Comments de Lege Ferenda
Introduction
Central Findings Concerning the Original Source
Central Findings: Sweden
Central Findings: Poland
Central Findings: Russia
Conclusions and Suggestions
Re-conceptualization of the Trafficking Offence
Possible Avenues for Future Research
References; Index.
Abbreviations
1 Introduction
Purpose and Research Questions
Harmonization of Criminal Law within the Context of Human Trafficking
Approaches to the Study and Conceptualization of Human Trafficking
Outline
2 Theory and Methodology
Introduction
Reasons for Choosing the Case Studies
Methodological Difficulties
Legal Transplants
Importance of Language
3 Human Trafficking as a Social Practice
Introduction
Trafficking: An Overview
Trafficking in Human Beings after the Demise of Communism
Push and Pull Factors
Trafficking from Various Perspectives
4 The Role of the Palermo Documents
UN Trafficking Documents: Overview
Anti-Trafficking Efforts of the UN – A Historical Background
Palermo Convention on Organized Crime
Palermo Protocol – The Negotiation Process
Summary
5 Sweden
Introduction
Present Provision on Trafficking
General Intent
Participation
Previous Provisions
Other Relevant Provisions
Swedish Legislation through the Prism of Legal Transplants
Sweden – Summary
6 Poland
Introduction
Present Provisions on Trafficking in Human Beings
General Intent
Criminal Participation
Previous Provisions
Other Relevant Provisions
Polish Legislation through the Prism of Legal Transplants
Poland – Summary
7 Russia
Introduction
Present Provisions on Trafficking in Human Beings
General Intent and the Specific Purpose of Exploitation
Participation
Previous Provisions
Other Relevant Provisions
Russian Legislation through the Prism of Legal Transplants
Russia – Summary
Non-Legal Issues
8 Conclusions and Comments de Lege Ferenda
Introduction
Central Findings Concerning the Original Source
Central Findings: Sweden
Central Findings: Poland
Central Findings: Russia
Conclusions and Suggestions
Re-conceptualization of the Trafficking Offence
Possible Avenues for Future Research
References; Index.
International organizations, national governments and NGOs involved in combating trafficking, scholars and practitioners with a general interest in international law and anyone interested in Russia and Eurasia more generally.