The fundamental flaw of the regime of trafficking in persons is
manifest in this: the system meant to facilitate the prevention,
suppression, and punishment of trafficking through transnational
cooperation cannot do so because the States have created
different variations of what constitutes trafficking. These
variations mean that points of interaction and possible
cooperation amongst States do not necessarily mesh. This is most
evident with regard to issues of extradition where the double
criminality principle comes into play, as well as questions
surrounding the application of extra-territorial jurisdiction.
While there is much in common within the definitions of
trafficking in persons, as incorporated into domestic legislation
worldwide, there is also enough variation within those provisions
as to limit the very effectiveness of the regime envisioned in the
Palermo Protocol. As a result, it is imprudent to generalize about
'trafficking in persons.' Instead, there should be a realization
that when we use the language of 'trafficking in persons' we mean
different things, depending on the country we are dealing with.