By Anne T. Gallagher and Fiona David

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand for a range of services that is increasingly being met by migrant smugglers: individuals or criminal groups who facilitate unauthorized entry into in another country for profit. This book, a companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive and in-depth analysis of the international law of migrant smuggling. The authors call on their direct experience of working with the United Nations to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors identify and explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

Cambridge, UK: Cambridge University Press, 2014. 840p.

By Emma Witbooi, Kamal-Deen Ali and Mas Achmad Santosa

Organised crime in the fisheries sector is an often-overlooked barrier to securing a sustainable ocean economy, despite threatening coastal states’ food security, fostering human rights abuses and diverting government revenue to the shadow blue economy. This Blue Paper spotlights the problem and draws from current promising practices for addressing organised crime in the fisheries sector to present practical opportunities for action—globally, regionally and nationally. One of the key challenges in this space is the development of a joint understanding of the problem at hand—shedding light on the pervasive impact of this shadow industry. We feel this Blue Paper provides a solid foundation of experience and best practice that can be used to develop solutions to be implemented immediately in conjunction with sustainable fisheries management strategies.

Washington, DC: World Resource Institute, 2022. 38p.

By Etienne Romson

This second of two papers on global oil theft discusses ways to reduce oil theft, misappropriation, and fraud. At US$133 billion per year, oil is the largest stolen natural resource globally, while fuel is the most smuggled natural resource. Oil theft equates to 5–7 per cent of the global market for crude oil and petroleum fuels. It is so engrained in the energy supply chain that thefts are priced in by traders and tolerated by many shipping companies as petty theft. Oil theft and related insecurity have substantial negative economic effects on developing countries, whether they produce oil or not. In 2012, non-oil-producing Benin saw a 28 per cent drop in taxable income after a spate of oil tanker hijacking incidents in the Gulf of Guinea in 2011. In Nigeria, the oil capacity shut-in and amount of oil deferred is more than twice the amount estimated as stolen, with a US$20 billion annual loss in petroleum profit tax—63 per cent of total government tax revenue in 2019. Organized oil crime syndicates are often transnational and conduct theft and fraud professionally, exploiting gaps in jurisdiction and adapting their practices when law enforcement becomes more effective. They evolve from ship piracy to stealing tanker cargoes to kidnapping tanker crews; from physical ransom of assets to digital hijacking via ransomware. The proceeds of oil theft often finance other organized crime, and it triggers violence against the community and in crime-on-crime activities. Twelve commonalities in oil theft and fraud have been identified that can direct international solutions, in three target areas: stolen oil volumes, stolen oil transport, and stolen oil money. Prosecution for acts of bribery offers opportunities for action: transport of or payment for illegal oil could constitute a bribe under the US Foreign Corrupt Practice Act if government officials were involved in the transaction or shipment. Bribe charges could be raised for paid ‘services’ that facilitate oil theft (through action or non-action).

Helsinki: UNU-WIDER , 2022. 65p.