The Protocol Against the Smuggling of Migrants by Land, Sea, and Air, Supplementing the 2000 Un Convention Against Transnational Organized Crime and Its Legal Problems

Abstract

The study focuses on the Protocol against the Smuggling of Migrants by Land, Sea, and Air, Supplementing the United Nations Convention Against Transnational Organized Crime (UNTOC). The enforcement in States parties to this Protocol has encountered certain difficulties. Then, it is necessary to amend different provisions of the Protocol and some relevant implementing legislation of States parties. The analysis of this thesis is based on documents and information from books and articles of international and domestic laws.

This thesis reveals that the smuggling is characterized as transnational organized crime that has occurred around the world. The legal problems of the Protocol have been, for example, the definition of the smuggling of migrants. In addition, the terms used in the Protocol have caused an ambiguity in the application, while an interpretation of these terms has generated the disparity between the States parties’ practices. Moreover, there have been other problems relating to preventive and cooperative measures, victim protection and support, etc. Thailand has already signed this Protocol but has not yet ratified. Consequently, Thailand is not bound by this Protocol. However in case where it decides to become party to this Protocol, it is essential to consider and solve domestic law problems for example, an implementation of domestic laws in accordance with the Protocol. Currently, Thailand has prepared a draft of Protection and Suppressing the Smuggling of Migrants Act, B.E….. This thesis has studied comparative law to suggest the improvement or amendment of the Protection and Suppressing the Smuggling of Migrants Act, B.E….. and the Immigration Act B.E. 2522 (1979), which has still been applied in recent case.