Fragmentation of International Law Examined in the Context of Criminalisation of Trafficking in Persons: Centripetal Tendencies or Expansion Beyond Necessary?
|Year of publication||2020|
|Type||Chapter of a book|
|MU Faculty or unit|
|Description||This chapter critically discusses how the current legal framework for combating trafficking reflects the general trend of expansion and particularisation of international law. While focusing on effective criminalisation of trafficking as a “centre” of efforts in combating trafficking, the chapter examines how these efforts are realised through universal and particular international law, as well as Union law. The discussion revolves around the selected challenging aspects of this obligation grounded in the Palermo Protocol – the criminal justice approach at the universal level, the Council of Europe Anti-Trafficking Convention – the human-rights based approach at the regional level, and Directive 2011/36/EU (44) – the “integrative” approach at the Union level.|