Transnational criminal law regimes on women trafficking and prostitution

SCHETTINI CRISTIANA

Frankfurt

Workshop; Workshop European and Latin American Experiences from a Legal Historical Perspective.; 2023

Max Planck Institut

I would like to elaborate on Härter's brief statement about the importance of "non-state actors" and "popular political discourse" in the formation of such a "legal regime". My focus will be [was] on the social effects of Argentina's Palacios Law of 1913 against the traffic in women. Through a dialogue with Härter's text, I hope to highlight two main points: 1. The importance of a perspective that focuses on translocal connections and exchanges in order to grasp changing (and sometimes competing) normative frameworks; 2. The alternation between multiple scales of analysis as a way to challenge evolutionary and cumulative sense of legal regimes as rational responses to social problems rather than as active constructors [active agents of creating] of those problems [as international social problems]. These are points that take up Härter's conclusion on the existence of "transnational legal diversity" to call for further reflection on the possibilities and limits of using "transnational" in relation to legal frameworks, criminal law, or legal regimes as a way of addressing processes of internationalization.