Suchergebnisse

Compares two cases of smuggling -- migration from Ecuador to the US via paid smugglers & the trafficking of girls/women from Burma (Myanmar) to be slaves at brothels in Thailand -- to challenge explanations of human trafficking as a recent illicit activity in transnational crime made possible by globalization, or as exploitation of innocent migrants by organized crime. Instead, it is argued that increased human smuggling is largely the result of historical actions by politicians/state actors in both the sending & receiving nations, & the varied smuggling operations are deeply integrated into regional social structures. Analysis of the two cases shows that, in spite of many contrasts, they both require considerable tacit & active complicity by individuals in the sending & receiving nations. Transnational organized crime was not shown to play an important role in either case; the smugglers were integrated into the social fabric; & their operations were aided by a network of recruiters, middlemen, government/law officials, & financiers. The need to explore the broader historical-sociological dimensions of human smuggling is discussed. 46 References. J. Lindroth

Compares two cases of smuggling -- migration from Ecuador to the US via paid smugglers & the trafficking of girls/women from Burma (Myanmar) to be slaves at brothels in Thailand -- to challenge explanations of human trafficking as a recent illicit activity in transnational crime made possible by globalization, or as exploitation of innocent migrants by organized crime. Instead, it is argued that increased human smuggling is largely the result of historical actions by politicians/state actors in both the sending & receiving nations, & the varied smuggling operations are deeply integrated into regional social structures. Analysis of the two cases shows that, in spite of many contrasts, they both require considerable tacit & active complicity by individuals in the sending & receiving nations. Transnational organized crime was not shown to play an important role in either case; the smugglers were integrated into the social fabric; & their operations were aided by a network of recruiters, middlemen, government/law officials, & financiers. The need to explore the broader historical-sociological dimensions of human smuggling is discussed. 46 References. J. Lindroth

Abstract
Since 2015 millions of migrants have paid smugglers to take them across borders. In response, states have increasingly arrested smugglers, hoping to morally condemn smuggling, and to decrease the rate of inward migration. This article argues that, even if a state is justified in morally condemning smuggling, and justified in decreasing inward migration, arresting smugglers is a disproportionate response for reaching these ends.

Treaties — Effect in municipal law — EEC Treaty, 1957 — Criteria for determining which provisions are directly applicable and create rights for individuals — Primacy of Community law over municipal law — Applicability to criminal proceedingsTreaties — Effect in municipal law — Treaty concerning the Accession of Spain and Portugal to the European Economic Community, 1985 — Extent of obligation of new Member States to align municipal legislation with existing Community law from date of accessionRelationship of international law and municipal law — Treaties — Incorporation of treaty provisions into municipal legal order — Spanish Constitution, Article 96 — Criteria for determining which treaty provisions have direct effect under municipal lawEconomics, trade and finance — State commercial monopoly — European Community rules on freedom of trade and abolition of customs duties — Effect on State cigarette monopoly — Whether Community rules applicable to cigarettes originating outside the Community — The law of Spain