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5 - Trafficking in hegemony

Published online by Cambridge University Press:  05 June 2012

Catherine Dauvergne
Catherine Dauvergne
Affiliation:
University of British Columbia, Vancouver
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Summary

The phenomenon of human trafficking stands out as the starkest example of illegal border crossing. Illegal migration with a difference – trafficking has “victims.” As victims, those who are trafficked fit differently into the imagination than many of those who are rendered illegal by the migration laws of prosperous nations. The label “illegal” will hardly stick, as the victims are innocent. This makes it more difficult for states to rhetorically cast the victims of trafficking as transgressors, thus altering the familiar illegal migration discourse. It is even problematic to equate the victims of human trafficking with those who suffer from the trafficking of drugs. Drug addicts are discursively more blameworthy than human trafficking victims are; they somehow are associated with some initial choice, a lack of willpower, or at the very least, a deep weakness. Trafficked humans have none of these markers. Although people trafficked are not only women and children, they are overwhelmingly so. In addition, while they do not exclusively serve the sex trade of the prosperous, sex work and sexual exploitation predominate as explanations for the success, in market terms, of trafficking in human beings.

The importance of human trafficking to globalized migration laws is all about victims: what it means to be a victim, how victims are constructed and named, how victims shape criminals, and how victims call forth remedy, or lack the power to do so. More than refugees, the victims of trafficking trouble the insider-outsider dichotomy of migration law.

Type
Chapter
Information
Making People Illegal
What Globalization Means for Migration and Law
 , pp. 69 - 92
Publisher: Cambridge University Press
Print publication year: 2008

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References

Simpson, Gerry, “The War in Iraq and International Law” (2005), 6 Melbourne Journal of International Law167Google Scholar
Davis, Michael C., “Human Rights and the War in Iraq” (2005), 4 Journal of Human Rights37CrossRefGoogle Scholar
Larson, David Allen, “Understanding the Cost of the War Against Iraq and How that Realization can Affect International Law” (2005), 13 Cardozo Journal of International and Comparative Law387Google Scholar
Askola, Heli, “Violence Against Women, Trafficking, and Migration in the European Union” (2007), 13:2 European Law Journal204CrossRefGoogle Scholar
Gallagher, Anne, “Human Rights and the New UN Protocols on Trafficking and Migrant Smuggling: A Preliminary Analysis” (2001), 23 Human Rights Quarterly975CrossRefGoogle Scholar
Fitzpatrick, Joan, “Trafficking as a Human Rights Violation: The Complex Intersection of Legal Frameworks for Conceptualizing and Combating Trafficking” (2003), 24 Michigan Journal of International Law1143Google Scholar
Orford, Anne, Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law (Cambridge: Cambridge University Press, 2003)CrossRefGoogle Scholar
Abramson, Kara, “Beyond Consent, Toward Safeguarding Human Rights: Implementing the United Nations Trafficking Protocol” (2003), 44 Harvard International Law Journal473Google Scholar
Malarek, VictorThe Natashas: The New Global Sex Trade (Toronto: Viking Canada, 2003)Google Scholar
,United States Government Accountability Office, Better Data, Strategy, and Reporting Needed to Enhance U.S. Antitrafficking Efforts Abroad (GAO-06-825) (Washington D.C.: United States Government Accountability Office, 2006) at 29Google Scholar
Buchanan, Ruth and Johnston, Rebecca, “The ‘Unforgiven’ Sources of International Law: Nation-building, Violence and Gender in the West(ern)” in Buss, Doris and Manji, Ambreena, eds., International Law: Modern Feminist Approaches (Oxford: Hart Publishing, 2005) 131Google Scholar
A Global Alliance Against Forced Labor (Geneva: International Labor Office, 2005)
Macklin, Audrey, “Dancing Across Borders: Exotic Dancers, Trafficking, and Immigration Policy” (2003), 37 International Migration Review464CrossRefGoogle Scholar
Goodwin-Gill, Guy, The Refugee in International Law (Oxford: Clarendon Press, 1996) at 77–9Google Scholar
Hathaway, James, The Law of Refugee Status (Toronto and Vancouver: Butterworths, 1991) at 124–34Google Scholar
Demleitner, Nora V., “The Law at a Crossroads: The Construction of Migrant Women Trafficked into Prostitution” in Kyle, David and Koslowski, Rey, eds., Global Human Smuggling: Comparative Perspectives (Baltimore: John Hopkins University Press, 2001)Google Scholar
Kapur, Ratna, “The ‘Other’ Side of Globalization: The Legal Regulation of Cross-Border Movements” (2003), 22:3–4 Canadian Woman Studies6–16Google Scholar
Kempadoo, Kamala, “Victims and Agents: The New Crusade against Trafficking,” in Sudbury, Julia, ed., Global Lockdown: Race, Gender, and the Prison-Industrial Complex (New York: Routledge, 2005)Google Scholar

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