China, India and the Palermo Protocol: Consent, Compliance and the Influence of International Law on Domestic Policy.
Johnson, Grace E.
- Submitted in partial fulfillment of the degree Master of Arts in Law and Diplomacy at the Fletcher School of Law and Diplomacy. Abstract: China and India, since signing the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons in 2009 and 2011, respectively, have both taken actions bringing their domestic law and state behavior into greater compliance with the internationa... read morel treaty, while also remaining in non-compliance with regard to certain provisions. This paper seeks to understand the degree to which international law in the form of the Palermo Protocol affects and shapes state behavior. The first section compares the existing theories of compliance for state behavior with international law. The second section analyzes the Trafficking Protocol as an international legal instrument, considering both its writers' intent and inherent weaknesses. The third section uses China and India as test cases, assessing the degree of their compliance with each provision of the treaty. The final section reflects back on the theory to understand why China and India willingly abide by certain provisions of the treaty, while disregarding other aspects. This paper concludes that international law is exerting some form of compliance pull on both countries in their evolving treatment of human trafficking as a crime. However, this compliance arises from unique reasons rooted in their forms of government and different types of societal pressures.read less