Abstract

The United NationsProtocol Against the Smuggling of Migrants by Land, Sea and Air was introduced in 2000 as an international treaty to specifically target the transnational crime of the migrant smuggling. This article explores the content, nature and quality of the provisions of the Protocol over the twelve years of its operation. It assesses the strengths and shortcomings of the international regime, as well as key principles which motivated its implementation. Further, the article draws upon the inadequacies in the Protocol to inform recommendations for consistent regional efforts and efficient criminal justice responses to address the dynamic challenges that this transnational crime continues to present to national legislators.

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