2
THE INTERNATIONAL LEGAL
FRAMEWORK AROUND
TRAFFICKING IN PERSONS
This section places the Trafficking Principles and
Guidelines within the broader context of the
international legal framework around trafficking.
It also serves to introduce and clarify the relative
position and significance of the various legal
concepts, principles and instruments that will
be referred to throughout this Commentary. The
section commences with a short explanation of
the various sources of international law. It then
considers, in more detail, the major sources
of international legal obligation relating to
trafficking.
2.1. SOURCES OF INTERNATIONAL LEGAL
OBLIGATION
International law is the body of rules and
principles that governs the relations and dealings
of States with each other. International law
imposes specific obligations on States and grants
them specific rights, just as domestic law does
with individuals. In some instances, international
law has developed to cover relations between
States and individuals, for example in
international criminal law and international
human rights law.
custom and general principles of law.2 Subsidiary
sources include the decisions of international
tribunals. Each of these sources is defined and
considered below in the specific context of the
international legal framework around trafficking
in persons. Treaties are dealt with first and most
extensively because they are the main source of
international legal obligation on this issue.
2.2. TREATIES RELEVANT TO TRAFFICKING
Human trafficking is a complex issue that can
be considered from a number of different
perspectives including: human rights; crime
control and criminal justice; migration; sexual
exploitation and labour. This complexity is
reflected in the wide range of relevant treaties
that together comprise the codified (treaty-based)
legal framework around trafficking. A small
number of treaties, including several that have
been concluded recently, deal exclusively with
the issue of trafficking. Many more address one
narrow aspect, an especially vulnerable group,
or a particular manifestation of trafficking.
The generally recognized sources of international
law are set out in Article 38 (1) of the Statute of the
International Court of Justice.
2
There are several accepted “types” or sources of
international law.� The primary sources are treaties,
COMMENTARY
17
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