Search results for "Smuggling"
showing 10 items of 44 documents
Smuggled migrants as victims? Reflecting on the UN Protocol against migrant smuggling and on its implementation
2021
After outlining the UN Protocol’s general approach to migrant smuggling, the paper raises the question of whether and to what extent smuggled migrants can be said to be victims of this crime. The author argues that an affirmative answer is possible in at least three different senses: smuggled migrants can be victimized by states fighting against migrant smuggling and irregular immigration (secondary victimization); but, of course, they can also be victimized by smugglers (primary victimization), in two ways: first, if smuggling is so performed as to put their lives, physical integrity or dignity at risk; secondly, smugglers also victimize migrants by profiting of their vulnerable condition,…
The migrant crisis in the Mediterranean Sea: Empirical evidence on policy interventions
2021
Abstract This paper presents a novel set of empirical evidence to explore several hypotheses regarding the migrant crisis in the Mediterranean Sea. The political instability in transit countries, such as Libya, that made pre-existent repatriation policies ineffective, called for several search-and-rescue operations in the Mediterranean, which in turn have been wrongly accused of fostering illegal immigration and increasing deaths at sea. The empirical results show that the main determinants of the departures are several root causes at the departing African countries, underlining the importance of fighting human smuggling networks. The paper suggests a change in migration studies’ perspectiv…
The analysis of the concept of vulnerability on the International legal framework on Human Trade
2018
The establishment of the Trafficking1 and the Smuggling Protocol2 has brought to the surface the importance of the concept of vulnerability. However, the Protocols have not given a precise definition to the concept of vulnerability, in order to perceive a practical application on legal grounds. In 2005, the Council of Europe tries to delimit the definition’s gap of such concept, through the Convention of Warsaw3, giving a more exact definition of the concept. The present article intends to analyse the evolution and the application of this concept on the international legal framework on Human trafficking and Smuggling of migrants.
The private law answers to a criminal attitude: the human trafficking and smuggling in a new Italian perspective.
2009
The article describes the state of art of the Human Trafficking and Smuggling Law in Italy proposing a different "alternative" use of private law.
I traffici illeciti nel Mediterraneo. Persone, stupefacenti, tabacco. Report Italia
2019
The report analyzes the Italian criminal law related to four different kinds of traffic: smuggling of migrants, human trafficking, drug trafficking and cigarette smuggling. The report is part of a wider research (The New Era of Smuggling in the Mediterranean Sea. NESMeS) aimed at analyzing the above mentioned illicit trades in the Mediterranean Area, with special regards to the following countries: Germany, Greece, Italy, Portugal and Spain. along with the Italian report, NESMeS research produces other six deliverables: one report per country, one criminological report and a final book (I traffici illeciti nel Mediterraneo. Persone, stupefacenti, tabacco. Militello, Spena, Mangiaracina, Sir…
L’UE in lotta contro il traffico di migranti: dal facilitators package al nuovo patto sulla migrazione e l’asilo
2021
L'articolo esamina criticamente le strategie di contrasto allo smuggling of migrants messe in atto dall'Ue, dal Facilitators package (2002) sino al Nuovo patto sulla migrazione e l’asilo, adottato dalla Commissione europea il 23 settembre 2020
THE ESTABLISHMENT OF THE FREE PORT OF MESSINA BETWEEN THE XVII AND XVIII CENTURIES. AN ONGOING RESEARCH AGENDA
2020
The paper outlines an ongoing study on the free port of Messina, in the context of the historiographical reappraisal on the establishment of free ports in the Mediterranean in the Early Modern Age. Adopting a diachronic approach, it summarizes the purposes and issues that affected its outcomes, from 1695 throughout the entire 18th century: its rules and the institutional turning points, the economic debates, and some critical issues like the franchise area, the trade of local goods (wheat, silk, oil), smuggling, mercantile justice and safe-conduct.
Migrantenschmuggel im Mittelmeer: Der Fall Italien
2019
Although in the public debate immigration is considered as an emergency, this paper begins taking into account the real data of such a phenomenon, strongly decreased in the past 18 months. It is then examined the issue of the illegal immigrant in Italy from a criminal law standpoint, in order to overcome the idea of reducing it to trafficking, focusing rather on the human nature of each individual, always involved in the crime of aiding and abetting illegal immigration, not being the perpetrator of the said offence. In light of the above the rights in the crucial phase of immigrants' reception can be better assessed, focusing then on administrative and criminal policies. In conclusion the p…
I traffici illeciti nel Mediterraneo. Persone, stupefacenti, tabacco. Report Spagna
2019
Il Report analizza il sistema penale spagnolo attraverso la disciplina di contrasto a quattro diversi traffici: favoreggiamento dell'immigrazione clandestina, tratta di esseri umani, traffico di stupefacenti e contrabbando di sigarette. Il Report è parte di una più vasta ricerca ("The New Era of Smuggling in the Mediterranean Sea", NESMeS) volta ad analizzare i suddetti traffici all'interno del Mediterraneo, con specifico riferimento ai seguenti Paesi: Germania, Grecia, Italia, Portogallo e Spagna. Oltre al Report spagnolo, la ricerca NESMeS ha realizzato altri contributi: uno per ciascun Paese, un report criminologico e un libro finale ("I traffici illeciti nel Mediterraneo. Persone, stupe…
Il ruolo dell'organizzazione criminale nel contrasto al traffico di tabacchi lavorati esteri
2020
This article concerns the study of the reasons that found the Italian regulations of smuggling of foreign manufactured tobacco products, with the purpose to assess its reasonableness and efficacy. The norms set by articles 291 bis, ter and quarter of the Consolidated Customs Law Act (Testo Unico delle Leggi Doganali) is a normative unicum in the European landscape due to the detail and rigour of its sanctions and precisely because of this, it attracts the interpreters’ interest. Such peculiarity finds its reason of existence in the need to contrast the organised crime in the sector, need that permeates the cited norms to such an extent that it also reverberates on the individual offence, st…