Agency, Sex Trafficking, and Transnational Law: Applying Feminist Theory to the Palermo Protocol

Abstract

This paper examines the possibility of incorporating the notion of ‘agency’ in a legal framework in regard to the trafficking of humans, and especially women, for the purpose of sexual exploitation. In arguing that the application of the term ‘agency,’ as defined in this paper, to the Palermo Protocol is not only possible, but also helpful in offering satisfactory provisions to victims of human trafficking, this paper presents a thought experiment that emphasizes both the importance and the limitations of the Palermo Protocol. Likewise, it addresses the debate around this legal body, as well as the discussion in general concerning sex trafficking.