As a corollary, if the reason the United States introduced transnational
prevention obligations was to share this burden, this doubles as a reason for
other destination countries to object to these duties. In other words, why would
other countries of destination agree to share this burden with the United States?
One answer is simply power politics: when the United States chooses to engage
in international law making, they can wield significant political sway in the
international arena. The establishment of the International Criminal Tribunal for
the former Yugoslavia is a classic example of how involvement of the US in
international law and tribunals can result in groundbreaking achievements.
Another reason that other countries of destination may have been willing to
sign themselves up for transnational prevention obligations is particular to the
reality of policing international trafficking. Trafficking is a clandestine industry,
the routes of traffickers shift as the countries of origin and transit shift and the
internet and social media sites have changed the way in which people are bought
and sold. It is a very difficult fight to win and countries of destination recognize
the inherent difficulties in combatting human trafficking.
States have been criticized for "externalizing" border control efforts in the
context of irregular migration and trafficking.128 These strategies basically
involve encouraging countries of origin to tighten border control in order to
prevent the trafficking victims or irregular migrants from ever arriving on the
soil of the destination country. In their extreme iterations, these border control policies in origin countries have severely restricted the free movement of people,
particularly women and children.129
By arguably perverse logic, the prevention obligations in the Protocol can be
viewed as a State policy of externalizing the problem of human trafficking more
generally.130 Shifting the border-policing burden to origin countries is a
demonstrated pattern of state behavior in the context of combatting trafficking.
Shifting the focus of prevention to countries of origin is a similar strategy.
However, recognizing that this burden cannot be shifted without economic
assistance, 9(4) may have been introduced to allow states to keep the traffickers
and victims out of their territory. By funding these root causes programs, the
destination countries are essentially promulgating an externalizing policy, and
recognizing that in order for it to be effective it must be funded in part by
countries with greater wealth (i.e. countries of destination).
The Clinton Administration was working off intelligence that it would be
possible to diminish the problem of human trafficking to the US significantly by
targeted prevention and micro-credit strategies in source countries. It was in the
final stages of enacting domestic legislation that would require the US to
establish International Grant Programs aimed at preventing human trafficking in
countries of origin. It is reasonable to conclude that in anticipation of this grant
program, the US wanted to share its burden, as well as reap the benefits of
pooled resources with other destination countries.
As a corollary, if the reason the United States introduced transnationalprevention obligations was to share this burden, this doubles as a reason forother destination countries to object to these duties. In other words, why wouldother countries of destination agree to share this burden with the United States?One answer is simply power politics: when the United States chooses to engagein international law making, they can wield significant political sway in theinternational arena. The establishment of the International Criminal Tribunal forthe former Yugoslavia is a classic example of how involvement of the US ininternational law and tribunals can result in groundbreaking achievements.Another reason that other countries of destination may have been willing tosign themselves up for transnational prevention obligations is particular to thereality of policing international trafficking. Trafficking is a clandestine industry,the routes of traffickers shift as the countries of origin and transit shift and theinternet and social media sites have changed the way in which people are boughtand sold. It is a very difficult fight to win and countries of destination recognizethe inherent difficulties in combatting human trafficking.States have been criticized for "externalizing" border control efforts in thecontext of irregular migration and trafficking.128 These strategies basicallyinvolve encouraging countries of origin to tighten border control in order toprevent the trafficking victims or irregular migrants from ever arriving on thesoil of the destination country. In their extreme iterations, these border control policies in origin countries have severely restricted the free movement of people,particularly women and children.129By arguably perverse logic, the prevention obligations in the Protocol can beviewed as a State policy of externalizing the problem of human trafficking moregenerally.130 Shifting the border-policing burden to origin countries is ademonstrated pattern of state behavior in the context of combatting trafficking.Shifting the focus of prevention to countries of origin is a similar strategy.However, recognizing that this burden cannot be shifted without economicassistance, 9(4) may have been introduced to allow states to keep the traffickersand victims out of their territory. By funding these root causes programs, thedestination countries are essentially promulgating an externalizing policy, andrecognizing that in order for it to be effective it must be funded in part bycountries with greater wealth (i.e. countries of destination).The Clinton Administration was working off intelligence that it would bepossible to diminish the problem of human trafficking to the US significantly bytargeted prevention and micro-credit strategies in source countries. It was in thefinal stages of enacting domestic legislation that would require the US toestablish International Grant Programs aimed at preventing human trafficking in
countries of origin. It is reasonable to conclude that in anticipation of this grant
program, the US wanted to share its burden, as well as reap the benefits of
pooled resources with other destination countries.
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