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Part II The Treaty Regimes of International Migration Law, 5 Trafficked and Smuggled Migrants

From: International Migration Law

Vincent Chetail

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Migration — Migrants — Enslavement and forced labour — Human trafficking — International law and international relations

This chapter focuses on the conventions adopted under the auspices of the United Nations (UN) that deal specifically with trafficked or smuggled migrants. In 2000, new legal classifications of migrants emerged with the adoption of the UN Protocol against the Smuggling of Migrants by Land, Sea and Air, and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. Entered into force in 2004 and 2003 respectively, these two Protocols follow an entirely different pattern compared to the other specialized treaties of international migration law adopted so far. They have been conceived as an instrument of criminal law to supplement the UN Convention against Transnational Organized Crime, in stark contrast with the logic of protection that prevails under the other specialist treaties devoted to refugees and migrant workers.

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