The International Law of Migrant Smuggling

"Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit. This book, a companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors identify and explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return"--

Autorentext
Anne Gallagher is a lawyer, practitioner, teacher, and independent scholar with an established reputation in international affairs, particularly in human rights and the administration of criminal justice. She is a former United Nations Official (1992 2003) and was Special Advisor to Mary Robinson, the UN High Commissioner for Human Rights and former President of Ireland, from 1998 to 2002. In that capacity she participated directly in the development of the new international legal framework around transnational organized crime including the Migrant Smuggling Protocol. Dr Gallagher continues to advise the UN and since 2003 has led a high-profile intergovernmental initiative that aims to strengthen legislative and criminal justice responses to human trafficking and related exploitation in South East Asia. According to the US government, Dr Gallagher is 'the leading global authority on the international law on human trafficking'. She is the author of many publications, including The International Law of Human Trafficking, which was awarded the 2011 American Society of International Law Certificate of Merit - Honorable Mention.

Klappentext
This companion volume to The International Law of Human Trafficking presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling.

Zusammenfassung
This book, a companion volume to The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws.

Inhalt
1. The legal framework: transnational crime, law of the sea, and migration control; 2. The legal framework: human rights and refugee law; 3. Acting against migrant smuggling: capacities and limitations; 4. State responsibility and migrant smuggling; 5. Criminalization of migrant smuggling; 6. Migrant smuggling by sea: interdiction and rescue; 7. Prevention and international cooperation to combat migrant smuggling; 8. Obligations of protection, assistance, and response; 9. Obligations relating to detention of smuggled migrants; 10. Return of smuggled migrants.

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