Is the anti-trafficking framework really for the 'victims'? : reflections on Burmese victims of human trafficking and non-trafficked migrants in Thailand

Since the year 2000 when the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, human trafficking has been regarded as one of the egregious violations of human rights, and global efforts have been made to eradicate it. The anti-trafficking framework has multiple dimensions, and the way the anti-trafficking framework is constructed influences its impact on the victims and non-trafficked migrants. This paper will analyze the impact of the anti-trafficking framework on the experiences of Burmese victims and non-trafficked migrants in Thailand. I will question the conventional framework of anti-trafficking, and seek to construct a framework more appropriate for addressing victims' actual needs. In conclusion, the anti-trafficking framework should serve the best interest of the victim; still, it should not be one which might adversely affect the interest of the would-be victim who is not identified as a victim according to the law.

Dangerous unions : mapping human smuggling and human trafficking in international marriage through Japan's legal response

This working paper explores human smuggling and human trafficking through international marriage. It focuses on Japan's criminal justice response, while examining the major stakeholders involved in this activity. The paper focuses on the time period from 2008-2013. International marriages, particularly commercially brokered arrangements, have rapidly increased throughout East and Southeast Asia, with more women from less developed countries moving to richer destinations. The increasing prevalence of brokered marriages, and the overall numbers of marriage migrants, provides cover for criminal organizations to smuggle labor migrants on false marriages, and to send some migrants into what are clearly human trafficking situations.

Comparative analysis of bilateral memoranda on anti-human trafficking cooperation between Thailand and three neighboring countries : what do the origin and the destination states agree upon?

In order to prevent, suppress and punish human trafficking, bilateral agreements between origin of victim countries and destination countries are crucial, because their cooperation involves cross-border activities such as repatriation of victims, extradition of criminals and information-sharing. This article analyzes three bilateral legal instruments between The Government of The Kingdom of Thailand and her three neighboring countries, namely The Royal Government of Cambodia, The Government of Lao People's Democratic Republic and The Government of The Union of Myanmar. The analysis will examine the legal status of the victim, the victim as witness in criminal proceedings, the victim protection programs, the recovery and restitution of damages, the process of repatriating the victim, and the prosecution of the criminal.

サウジアラビアにおけるザカートの徴収－イスラームの税制と国家財政－

本稿ではサウジアラビアにおけるザカート(ザカー)の徴収について検討した。イスラーム諸国におけるザカートは、一般的には、イスラーム教徒が任意で提供する「お布施」的なものとして理解されることが多い。しかし、ザカートは初期イスラーム時代には、イスラームの教団国家の歳入の大きな柱であり、事実上、公租の役割を果たしていた。サウジアラビアでは18世紀半ばにサウード朝が興ったが、サウード朝は初期イスラーム時代を模範とするワッハーブ派と協力して国家を建設したため、サウード朝においてはザカートが重要な国家の歳入源となった。20世紀には石油開発が進み、石油収入が国家歳入の大部分を占めるようになったが、ザカートの徴収は現在でも続けられている。続いて、イスラーム法で定められているザカートの賦課対象と賦課率について述べ、のサウジアラビアの事例を示しながら賦課対象と賦課率について検討した。さらに、企業や個人がザカートを支払う場合の賦課対象や賦課率について述べ、サウジ企業に課せられるザカートと外資に課せられる所得税の相違について検討した。

Evolution in the Concept of Development: How Has The World Bank's Legal Assistance Extended its Reach?

The World Bank's legal and judicial reforms programs have expanded considerably since it began to address the issue of governance in the early 1990s. Initially the Bank focused on legal reforms for inducing private investment. Currently, its legal assistance extends to include the criminal justice sector. Such activities cannot be directly construed from its Articles of Agreement. This paper will discuss how the Bank interpreted its Articles in order to ligitimize its expanding activities. The Bank has manoeuvred itself into the criminal justice sector by skillfully changing its concept of development without deviating from its mandate. The change can be described as an 'evolution' which has allowed the Bank to identify any area as target for its development assistance.

Constitutions around the world : A View from Latin America

This paper gives a global summary of the number of constitutions and the number of　articles in each constitution for many representative countries around the world. Several　works have already been written comparing different legal systems and different　constitutional traditions around the world; the purpose of this paper is just to compare the　numbers of constitutions and articles in the diverse regions of the world, namely: North　America, Latin America, Europe, Oceania, Middle East, Asia and Africa. Around the world, on average, Latin America has had the most convoluted constitutional history. The Dominican Republic has had a total of 32 constitutions, the largest number of constitutions of any country, since its independence in 1844. Three other countries have also had 20 or more constitutions throughout their history, all of them in Latin America: Venezuela (26), Haiti (24) and Ecuador (20). On the other hand, there are economies and societies that do not even have codified constitutions, like the United Kingdom in Europe, Hong Kong in Asia and New Zealand in Oceania. The United States has had only one constitution, even if it has been amended several times. There are also the special cases of Israel and Saudi Arabia, both in the Middle East, that do not have official written constitutions for historical and religious reasons. Comparative constitutional numbers and history help explain several things about the stability of political systems, but not necessarily about their quality.

中国と湾岸を結ぶ南アジア -- パキスタン・アフガニスタンの動向と関連させて

Pakistan is geographically situated between China and the Gulf. In order to balance its strategic position against the major security threat of India, Pakistan formed a special and stable strategic alliance with China against common threats since the period of the cold war even though the two countries have neither a political ideology nor political system in common. On the other hand Pakistan established another special relation with Saudi Arabia on the basis of Islamic identity. With its expanding economic capacity, China proposed a project by the name of "new silk road economic corridor" with the intention of expanding and multiplying trade routes with the Middle East and Europe. Within this framework Pakistan is expected to expand the role of an alternative land route that connects the Gulf and China for use if unfavorable emergencies occur in the Malacca route. However, the continuous political uncertainty in Afghanistan after the pullout of US-NATO fighting forces at the end of 2014 and sporadic outbreaks of terrorist acts by Pakistan Taliban in Pakistan have increased China's anxiety regarding Uyghur issues at home. Avoiding military options for the moment, China is trying to find ways to play an active role in the security issues of Afghanistan with help from Pakistan if available. On the other hand, it is noteworthy that the Pakistani government formed in the general election of 2008 completed its full term and transferred authority to the newly elected government in 2013, something never observed before in Pakistan's history. Coincidently, in Afghanistan the presidential election was carried out peacefully in 2014 in spite of the Taliban threat. Although it is too early to make any definite conclusion, constitutional processes, in spite of their defects, reflected to some extent wishes for normal life of the people of Pakistan and Afghanistan who were disgusted with weak governance and the prevalence of terrorism.