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Introduction
Globalization has fostered endless possibilities and pursuit that connected man through different technological platforms. In fact, the world has shrunk to a completely manageable proportion because of the rewards of globalization. For example, because of the internet geographical and cultural boundaries had been bridged. Face-to-face communication became possible utilizing modern technology as a tool to make communication more personal than ever before. However, aside from the benefits of globalization complimented by technology there are also numerous adversaries that had been documented as a consequence of the same factors that brings the benefits. In lieu with this, a review of one of the ill-effects of globalization and technology is initiated in this paper. Globalization is perceived to have facilitated for the development of transnational crime. Specific in this paper is human trafficking, a type of transnational crime that is the result of globalization made efficient and made intense because of technology. Two countries shall be used to compare and contrast the incidence of human trafficking taking special note on the legal traditions, as well as the tools used to measure the degree and intensity of the crime.
Transnational Crimes: Nature and Types
In an article that appeared in the European Journal of International Law in 2003, the author defined transnational crime as misconducts committed with the potential and actual effect across the national boarder and one . In addition, transnational crimes also encompasses a degree of offense that has significant effect to the international community qualifying it to the sanction of international law . Basaiouni noted a Harvard research published in 1935 regarding the five traditional bases of jurisdiction over transnational crimes—(a) territorial, (b) protective, (c) nationality, (d) universal and (e) passive personality (2008, p. 93). Jurisdiction over a transnational crime is properly accorded under the “territorial theory” which states that jurisdiction is accorded to the country over which the conduct or the effect of the crime occurs . There are several types of transnational crimes. According to the book Combating Transnational Crime: Concepts, Activities and Responses, these include there are in fact, 18 categories of transnational crimes . Among the most popular mentioned in the book include: (a) money laundering, (b) drug trafficking, (c) piracy, (d) terrorism, and (e) human trafficking (Mueller, 2013, p.14).
Human Trafficking: India and the United States
Human trafficking in the International Scientific Professional Advisory Council has been limited to illegal entry and asylum of people wanting to enter another country. However, eventually, this led to the problem that a large number of people are entering the country without legal authorization and eventually are identified among the perpetrators of illegal activities. In a report documented in 2013, it was cited that more than 80% of human trafficking cases were related to sex exploitation and a large number of these cases involved children . Human trafficking is a crime against humanity and is believed to be one of the fastest growing and highly profited transnational crime with an earnings amounting to $31.6 billion of international trade as of 2010 .
The United States is among the countries with the highest number of illegal “aliens.” In fact, according to a controversial book, there are over 30 million illegal immigrants currently inhabiting the US territory . The Human Trafficking organization website, the US is the principal transit and destination of human trafficking . In 2006 the US Department of State Trafficking in Persons reported that approximately 14,500 to 17,500 individuals are trafficked in the US alone on an annual basis . Condoleeza Rice, the person who wrote the introduction of the Trafficking of Person Report 2006 stated that human trafficking is a modern-day version of slavery because people are being traded in exchange of profit . From previous studies it revealed that the US is the main destination or transit for human trafficking because of the diversity of the territory. In addition, the capitalist society takes advantage of the very cheap salary that these people request for in exchanged of refuge. The US territory is also perceived as one easiest territory to smuggle people that can go undetected. Nevertheless, this is not to enunciate that the legislature and policy relating to human trafficking is not well substantiated in the US. In fact, there are state laws and federal laws covering human trafficking. However, majority of these state laws are not as tough as the federal law. For instance, slavery is detested under the 13th Amendment but human trafficking is specified as a federal crime under Title 18 of the United States Code.
On the other hand, India is one of the countries where human trafficking is highly rampant. In fact, by virtue of statistics approximately 20 to 65 million Indian nationals are affected by human trafficking . The same article documented that the government projects that a child goes missing in India every after eight minutes, arriving at an alarming statistics of 35,000 children were reported missing in 2011 . New Delhi was even dubbed as a hub of human trafficking in India according to an article that appeared in website of Firstpost, a local news and media outfit in India . Similarly, it has been indicated that nearly 50% of the world’s slave are in fact from India . According to a report released by the Maplecroft Resource Center in 2011, women and girls trafficked in India are sold as sex slaves and domestic slaves in the Middle East and Europe, while children who are trafficked are traded for the purpose of forced labor in factories and some are brought to military and leftist camp to take up arms .
References
Bassiouni, M. C. (2008). Principle of Legality in International and Comparative Criminal Law. In M. C. Bassiouni, International Criminal Law, Volume II (p. 93). Netherlands: Martinus Nijhoff Publisher.
Boister, N. (2003). Transnational Criminal Law. European Journal of International Law, 967–977.
FP Staff. (2013, October 18). News: Delhi is 'hub' of human trafficking in India. Retrieved from Firstpost Website: http://www.firstpost.com/india/delhi-is-hub-of-human-trafficking-in-india-1180501.html
Gilchrist, J., & Corsi, J. (2006). Minutemen: The Battle to Secure America's Borders. Torrance, California: World Ahead Publishing.
Haken, J. (2011, February). Report: Transnational Crime In The Developing World. Retrieved from Global Financial Integrity Website: http://www.gfintegrity.org/storage/gfip/documents/reports/transcrime/gfi_transnational_crime_web.pdf
Human Trafficking Organization. (2007, May). News: 2007 U.S. Department of State Trafficking in Persons Report. Retrieved from Human Trafficking Organization Website: http://humantrafficking.org/countries/united_states_of_america
Kaur, R. (2013, November 8). Society: Human Trafficking In India must end. Retrieved from Maps of India Website: http://www.mapsofindia.com/my-india/society/human-trafficking-in-india-must-end
Mueller, G. (2013). Transnational Crime: Definitions and Concepts. In D. Vlassis, & P. Williams, Combating Transnational Crime: Concepts, Activities and Responses (pp. 13-21). London, UK: Routledge.
Ubi, E. (2010). Territorial Theory and The Resolution of African Territorial Conflicts: The Case of Ethiopia/Eritrea Boundary Conflict. Bangkok, Thailand: Journal of Alternative Perspectives in Social Sciences.
US Department of State. (2007, January 19). Trafficking in Person Report 2006. Retrieved from US Department of State Website: http://www.state.gov/documents/organization/66086.pdf
Warhurst, A., Strachan, C., Yousuf, Z., & Tuohy-Smith, S. (2011, August). Trafficking: A global phenomenon with an exploration of India through maps. Retrieved from Maplecroft Website: http://business-humanrights.org/en/maplecroft-releases-report-on-the-risks-posed-to-business-by-the-human-trafficking-industry#c61034
