The UN Trafficking Protocol deliberately left the terms "exploitation of the prostitution of others" and "sexual exploitation" undefined.  This was necessary to achieve consensus among the signatory countries.  It allowed for the existence of different domestic law and policy on adult sex work.  The Trafficking Protocol intentionally does not take a position on whether non-coerced adult sex work should be criminalized.  There is currently much debate over the issue of legalizing and regulating prostitution at the national and international level. 

Many advocates and activists argue that all forms of prostitution exploit women and stem from structural inequalities between women and men.  Thus, the criminalization of "forced prostitution" only implies that some forms of prostitution are legitimate and it gives sex traffickers a defense to prosecution if they can prove the victim consented to become a prostitute.  Others advocate for a decriminalization of prostitution, when it is entered into voluntarily, with economic and labor regulations applying.  Germany and the Netherlands have taken this approach. 

Sweden's approach is to outlaw the buying of sexual services but not the selling.  According to Swedish law, it is a crime to purchase sex.  In a 2002 recommendation by the Parliamentary Assembly, Recommendation 1545 (2002), the Council of Europe urges governments of member States "to make trafficking in women or to knowingly use the services of a woman victim of trafficking a criminal offence under national law, and to strengthen legislation and enforcement mechanisms which punish traffickers and clients of women who are victims of trafficking."  Any legislation that addresses prostitution or commercial sex work must be drafted in such a way to ensure that trafficked persons are not prosecuted. 

In light of increasing awareness of problems associated with sexual tourism, several European countries, and recently the United States, have created extraterritorial legislation to prosecute citizens who engage in illegal prostitution in foreign countries. For example, the U.S. PROTECT Act of 2003 (Prosecuting Remedies and Tools Against the Exploitation of Children Today) makes important changes to U.S. law on sexual tourism by making it illegal for a U.S. citizen to engage in prostitution with children (often victims of trafficking) abroad.