Full Description
The book deals with illicit trafficking in the Mediterranean, seen as a borderline issue between mobility and security under a strongly interdisciplinary approach. The opening part is dedicated to issues that transversally concern illegal trafficking: criminological, criminal law, criminal procedure, but also international law issues. This part presents a kind of general theory of illegal trafficking, showing its recurring aspects and identifying the legal and criminal-political issues that would be best addressed by a unified approach to the matter. The other parts are devoted to presenting, instead, a special part overview of illegal trafficking. The second and the third section are devoted, in particular, to illegal traffics having human beings as their objects. More specifically, the second part examines smuggling of migrants, which has a central - criminological and criminal-political - relevance among the illegal traffics taking place in the Mediterranean. The third part dealswith the neighbouring theme of human trafficking, especially in its connection with the problem of labour exploitation. Finally, the fourth part focuses on some trafficking in goods, offering a selected and representative overview of some of the most significant forms that such trafficking can take: tobacco trafficking, drug trafficking and trafficking in cultural goods.
Contents
Introduction 1 The illicit trades of people and goods in the Mediterranean and the transnational criminal organizations.- Section I - Jurisdictional issues.- 2 Territorialising the extraterritorial: the role of "suppression" conventions.- 3 Adjudicative Jurisdiction for crimes at sea: an international law perspective.- 4 Coercive powers and jurisdiction on the high seas to combat human smuggling.- Section II - Migrant smuggling.- 5 Anti-smuggling penal policies: a cross-national exploration.- 6 Facilitation of irregular immigration vs. organised smuggling of migrants: is this dichotomy relevant to the interpretation of Italian criminal law?.- 7 Challenging the hostile environment for search and rescue at sea: reflections from the Sea Watch litigation.- Section III - Human trafficking and labour market.- 8 The Problems of trafficking in human beings in Spain. Criminal regulations and Jurisprudential treatment.- 9 Organised crime, illicit manpower brokerage and recent Italian legislation.- 10 International and domestic perspectives to combat gangmaster systems.- Section IV - Traffickings of goods and human organs.- 11 Soft drugs and organized crime: a problematic relationship.- 12 Trafficking in cultural property. An evolving international legal framework.- 13 The criminal policy on trafficking in cultural goods14 Trafficking in human organs - a Portuguese perspective.
