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13 Issues Legal Scholarship 1 (2015)

handle is hein.journals/iulesch13 and id is 1 raw text is: 




Gary  Lilienthal*

People Trafficking and Smuggling Crimes in

Australia: A Critical Analysis of State Intent

DOI 10.1515/ils-2016-0249
Received April 7, 2016; accepted September 8, 2016; previously published online October 8, 2016

Abstract: This article's objective is to expose the rhetorical source of the heavy
irony in Australia's immigration detention regime. The observer might wonder
why an isolated and vast land could be so concerned at, and afraid of, small groups
of boat people. Therefore, the paper poses the question as to what reasoning
and public policy purposes might underlie the successful public rhetoric vilify-
ing boat people, creating the construct of people smuggling and demanding
military operations to turn back the boats. It tries to correlate with a likely state
desire to resurrect the old laws of attainder, civil death and outlawry, in order to
create a slave-class of displaced migrants, for solely state interests and purposes.
In addressing the question structurally, discussion begins with a brief look at the
Australian law. Argument then concentrates on the originating negotiations in
the international high councils. After this, the article looks at instances of people
smuggling rhetoric in Canada, also addressing briefly the United States law. Then
there is a section on modern rhetorical analysis, which argument tries to use to
explain what might  underlie these government methods.  The paper briefs the
reader on the old laws of civil death, outlawry and attainder in Australia, with a
view to a contextual assessment as to whether they are really what underlie the
draconian outcomes  of Australia's human trafficking and people smuggling laws
and policies. The research outcome will likely suggest that conveniences to the
state such as efficiency in policing, removing likely political opposition from new
arrivals, avoiding any dilution of the local culture and skirting unwanted interna-
tional rights are most likely to be the real state intent.

Keywords: attainder; civil death; human trafficking; outlawry; people smuggling;
rhetoric; tropes.








*Corresponding author: Gary Lilienthal, Associate Professor of Law, Symbiosis Law School,
Symbiosis International University, Pune, India, e-mail: glilienthal@me.com


DE GRUYTER


Issues Leg. Scholarsh. 2015; 13(l): 1-28

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