units

LAW7488

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2014

Notes

Synopsis

This unit focuses on the history, development and implementation of the international response to human trafficking as a response to irregular migration at the end of the 1990s decade. It presents the background to the responses to human trafficking under the 'narratives' of prostitution and exploitative labour migration. It examines the obligations under the Convention on Transnational Organised Crime (CTOC), the relationship between the CTOC and the two Protocols there under (the Trafficking and Migrants Protocols) and oversight of CTOC at the international level. It evaluates the definition of trafficking in the Trafficking Protocol, including the issues the definition raises in relation to prosecution of human trafficking. It examines the overlaps between human trafficking, forced labour and slavery and between human trafficking and smuggling of migrants.
It describes the implementation of the Trafficking Protocol obligations to cooperate, prevent and protect in Australian law, and the impact of a federal system on such. For example, it discusses the identification of trafficked persons through cooperation between state and federal agents, obstacles to an effective criminal justice response, and protection measures for trafficked persons. It measures the latter against the standards in other international and regional instruments, and human rights standards. It discusses new and emerging issues of human trafficking such as trafficking in the context of labour recruitment practices, and international marriage migration, and Australia's responses to such.
It also examines and evaluates Australia's external response to human trafficking within the region, through AusAID funded projects, and through working with ASEAN. It evaluates the role of international and national non-government organizations (INGOs and NGOs) in this context. It examines the lessons that Australia can learn from regional responses to human trafficking. For example, it will examine the issue of trafficking of children, and how this is dealt with under the anti- trafficking framework and in the region.
In this unit, comparisons will be made with responses in other jurisdictions, in order to evaluate Australia's legal responses to human trafficking. This unit will appeal to all students, particularly those with an interest in human rights, comparative law, international law, labour law, criminal justice and law reform.

Outcomes

Upon completion of this unit, students should:

  1. Understand the history, development and framework of the Convention on Transnational Organised Crime (CTOC), and the relationship between the CTOC and the two Protocols there under (the Trafficking and Migrants Protocols) in international law.
  2. Be able to understand and apply the definition of trafficking in the Trafficking Protocol to exploitative situations in different contexts, including labour, marriage and prostitution.
  3. Evaluate the issues which the Trafficking Protocol definition raises in relation to prosecution of human trafficking.
  4. Evaluate the overlaps between human trafficking, forced labour and slavery and between human trafficking and smuggling of migrants.
  5. Understand, and be able to analyse and critically comment on, the implementation of the Trafficking Protocol obligations to cooperate, prevent and protect trafficked persons in Australian law.
  6. Be able to compare and contrast the implementation of the Trafficking Protocol obligations to cooperate, prevent and protect in Australian law with other jurisdictions.
  7. Understand, and be able to analyse and critically comment on, the rights, including rights to remedies, of trafficked persons in Australian law, measured against human rights and comparative responses. In particular under this objective students will examine issues of access to justice for trafficked persons and state accountability.
  8. Be able to find and analyse relevant resources relating to comparative implementation of the anti-trafficking (CTOC and Trafficking Protocol) framework.
  9. Further develop legal research, writing, and argument skills by way of critical analysis of international, regional, transnational and domestic responses to trafficking, including analysis of Australian anti-trafficking laws and policy.
  10. Contribute to debate on anti-trafficking laws and policy in a meaningful way.
  11. Further develop oral articulation of legal argument during class discussions.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%
OR
Research assignment (7,500 words): 100%

Chief examiner(s)

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Prerequisites