Prosecution from a European Perspective
Buch, Englisch, 345 Seiten, Format (B × H): 161 mm x 246 mm, Gewicht: 680 g
ISBN: 978-90-6704-167-6
Verlag: T.M.C. Asser Press
CHAPTER 1 INTRODUCTION: RESEARCH QUESTION AND THE AIM OF THE STUDY 1. 1 INTRODUCTION In this Introductory Chapter, a first exploration of the subject of this study will be made. In Section 1. 2, the most important developments relevant for this study in the process of globalisation from the Second World War until now will be discussed in order to explore the effects of these developments on trafficking in persons in S- tion 1. 3. In Section 1. 4, the research question will be discussed on the basis of the two main disparities in this study, namely, the disparity between the fact that tr- ficking in persons is a crime with a transnational element and the fact that strategies to combat it are based on national competences, and the disparity between the ava- ability of a great number of strategies to fight and prosecute trafficking in persons 1 and the unwillingness or inability to use them efficiently. The aim of this study will be discussed in Section 1. 5. Finally, the structure of this study will be set out in S- tion 1. 6. 1. 2 RELEVANT DEVELOPMENTS IN THE PROCESS OF GLOBALISATION A new period in the process of globalisation is reflected in various developments 2 that have taken place over the last 60 years. The globalisation of socio-economic relations throughout the world characterises this period.
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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.
