bluuebunny/crossref_metadata_2025 huggingface dataset:
Brain homogenate stability for stimulant drugs
Authors: Behnke Grayce , Gray Teresa R , Arndt Crystal
Published: June 2024

Brain can be a useful specimen for toxicology testing as it is a protected and isolated organ with lower metabolic activity than other tissues, but there is currently no published data supporting the stability of stimulant drugs in prepared brain homogenates. Brain homogenates were evaluated to determine the stability of the following stimulant drugs: amphetamine, benzoylecgonine, bupropion, cocaethylene, cocaine, ephedrine, methylenedioxyamphetamine, methylenedioxymethamphetamine, methamphetamine, and phentermine. Four different homogenates were prepared at a 1:4 dilution with deionized water and fortified at 500 ng/mL of: cocaine without sodium fluoride, cocaine with 1% sodium fluoride, stimulant drugs other than cocaine without sodium fluoride, and stimulant drugs other than cocaine with 1% sodium fluoride. The fortified homogenates were aliquoted into 13 × 100-mm screw cap tubes and stored at room temperature (∼20°C), refrigerated (2–8°C), or frozen (<−5°C) and analyzed in triplicate on Days 0, 1, 3, 7, 14, 30, 60, and 90. Analytes were considered stable as long as the difference in analyte/internal standard response ratio from Day 0 was less than 20% and the peaks met qualitative acceptance criteria. All analytes were stable for up to 90 days when stored frozen with or without sodium fluoride and had variable stability at all other evaluated conditions.
Comparing Deaf/Hard-of-Hearing Children’s Oral Narratives Using Movies and Static Books
Authors: Puhlman Jane , Wood Carla
Published: June 2024

Clinicians utilize various methods for narrative sampling, including oral assessments like story generation and retelling, often aided by visual aids. Assessing language skills in deaf/hard of hearing (DHH) children requires careful narrative technique selection. This comparative observational study investigates the narrative outcomes of story generation and retelling tasks in 21 DHH children, using both book and movie contexts. Most microstructural elements (except for the mean length of utterance) were similar across the book and movie conditions. Differences in word choice, such as the use of action verbs, were evident. Macrostructural differences between book and movie conditions were insignificant regarding story grammar elements. However, movies, being visually engaging, potentially enhance the inclusion of characters, settings, plot, and actions. This research illuminates narrative assessment considerations, emphasizing technology’s role in enhancing options for assessment for DHH children.
Ten Years of the Single Supervisory Mechanism: Looking into the Past, Navigating into the Future
Authors: Thomadakis Apostolos , Arnal Judith
Published: June 2024

In November 2024 European banking supervision will have been operational for 10 years. The Single Supervisory Mechanism (SSM) has evolved from a start-up to a mature, well-established, and respected supervisor. Harmonized and transparent supervisory practices have been implemented, whilst the European banking sector has proved to be resilient. Nevertheless, whilst acknowledging the progress that has been made, Europe should not rest on its laurels.

As the global financial landscape is continuously evolving, the European framework must also evolve. Growing geopolitical tensions, the rise of FinTech and BigTech companies, the ongoing digital transformation, and climate change not only impact banks but also add more complexity to the work of supervisors. This is due to unexpected and difficult-to-model events, the creation of new business models, products, and services, as well as the emergence of cultural, behavioural, and ethical considerations that should be taken into account.

To address these challenges, supervisors should enhance their competencies, approaches, and tools to stay ahead of evolving market dynamics and to remain aligned with the rapid evolution of technology and the risks that climate change poses. Equally important, ensuring thorough and efficient supervision requires fostering and strengthening collaboration and information sharing between all relevant authorities.
Large Legal Fictions: Profiling Legal Hallucinations in Large Language Models
Authors: Dahl Matthew , Magesh Varun , Suzgun Mirac , Ho Daniel E
Published: June 2024

Do large language models (LLMs) know the law? LLMs are increasingly being used to augment legal practice, education, and research, yet their revolutionary potential is threatened by the presence of “hallucinations”—textual output that is not consistent with legal facts. We present the first systematic evidence of these hallucinations in public-facing LLMs, documenting trends across jurisdictions, courts, time periods, and cases. Using OpenAI’s ChatGPT 4 and other public models, we show that LLMs hallucinate at least 58% of the time, struggle to predict their own hallucinations, and often uncritically accept users’ incorrect legal assumptions. We conclude by cautioning against the rapid and unsupervised integration of popular LLMs into legal tasks, and we develop a typology of legal hallucinations to guide future research in this area.
Watch and wait in rectal cancer patients with residual mucin on magnetic resonance imaging following neoadjuvant therapy
Authors: Judge Sean J , Malekzadeh Parisa , Corines Marina J , Gollub Marc J , Horvat Natally , Gonen Mithat , Saltz Leonard , Cercek Andrea , Romesser Paul , Crane Christopher , Shia Jinru , Wei Iris , Widmar Maria , Pappou Emmanouil , Nash Garrett M , Smith J Joshua , Paty Philip B , Garcia-Aguilar Julio , Weiser Martin R
Published: June 2024

Background

Neoadjuvant therapy leads to a clinical complete response in a considerable proportion of patients with locally advanced rectal cancer, allowing for possible nonoperative management. The presence of mucin on magnetic resonance imaging (MRI) after neoadjuvant therapy leads to uncertainty about residual disease and appropriateness of a watch-and-wait strategy in patients with no evidence of disease on proctoscopy (endoscopic clinical complete response).

Methods

MRI reports for locally advanced rectal cancer patients seen between July 2016 and January 2020 at Memorial Sloan Kettering Cancer Center were queried for presence of mucin in the tumor bed on MRI following neoadjuvant therapy. Clinicodemographic, pathologic, and outcome data were compiled and analyzed.

Results

Of 71 patients with mucin on posttreatment MRI, 20 had a clinical complete response, and 51 had abnormalities on endoscopy and/or physical exam. One patient with a clinical complete response opted out of watch-and-wait; thus, 19 (27%) patients entered watch-and-wait, and 52 (73%) patients were planned for surgery (non–watch-and-wait). Of the 19 watch-and-wait patients, 15 (79%) have had no local regrowth with median follow-up of 50 months (range = 29-76 months), while 4 (21%) experienced regrowth between 9 and 29 months after neoadjuvant therapy. Of the 52 patients who were planned to have surgery (non–watch-and-wait), 49 underwent resection while 3 developed metastatic disease that precluded curative-intent surgery. Of the 49 patients who underwent surgery, 5 (10%) had a pathologic complete response (including the patient with an endoscopic clinical complete response).

Conclusions

The presence of mucin after neoadjuvant therapy for locally advanced rectal cancer does not preclude watch-and-wait management in otherwise appropriate candidates who achieve an endoscopic clinical complete response.
Transforming patient-centered cancer care using telehealth: the MATCHES Center
Authors: Bange Erin M , Daly Robert M , Lipitz-Snyderman Allison , Kuperman Gilad , Polubriaginof Fernanda C G , Liebertz Chris , Doshi Sahil D , Stevanovic Kristina , Chan Kiana , Bernal Camila , Charvadeh Yasin Khadem , Chen Yuan , Chimonas Susan , Stetson Peter , Schrag Deborah , Morris Michael J , Panageas Katherine S
Published: June 2024

Modern cancer care is costly and logistically burdensome for patients and their families despite an expansion of technology and medical advances that create the opportunity for novel approaches to care. Therefore, there is a growing appreciation for the need to leverage these innovations to make cancer care more patient centered and convenient. The Memorial Sloan Kettering Making Telehealth Delivery of Cancer Care at Home Efficient and Safe Telehealth Research Center is a National Cancer Institute–designated and funded Telehealth Research Center of Excellence poised to generate the evidence necessary to inform the appropriate use of telehealth as a strategy to improve access to cancer services that are convenient for patients. The center will evaluate telehealth as a strategy to personalize cancer care delivery to ensure that it is not only safe and effective but also convenient and efficient. In this article, we outline this new center’s research strategy, as well as highlight challenges that exist in further integrating telehealth into standard oncology practice based on early experiences.
Reflections on the state of telehealth and cancer care research and future directions
Authors: Annunziata Christina M , Dahut William L , Willman Cheryl L , Winn Robert A , Knudsen Karen E
Published: June 2024

Telemedicine has routinely been used in cancer care delivery for the past 3 years. The current state of digital health provides convenience and efficiency for both health-care professional and patient, but challenges exist in equitable access to virtual services. As increasingly newer technologies are added to telehealth platforms, it is essential to eliminate barriers to access through technical, procedural, and legislative improvements. Moving forward, implementation of new strategies can help eliminate disparities in virtual cancer care, facilitate delivery of treatment in the home, and improve real-time data collection for patient safety and clinical trial participation. The ultimate goal will be to extend high-quality survival for all patients with cancer through improved digital delivery of cancer care.
Quality of palliative radiotherapy assessed using quality indicators: a multicenter survey
Authors: Saito Tetsuo , Shikama Naoto , Takahashi Takeo , Nakamura Naoki , Mori Takashi , Nakajima Kaori , Koizumi Masahiko , Sekii Shuhei , Ebara Takeshi , Kiyohara Hiroki , Higuchi Keiko , Yorozu Atsunori , Nishimura Takeshi , Ejima Yasuo , Harada Hideyuki , Araki Norio , Miwa Misako , Yamada Kazunari , Kawamoto Terufumi , Imano Nobuki , Heianna Joichi , Nozaki Miwako , Wada Yuki , Ohkubo Yu , Uchida Nobue , Watanabe Miho , Kosugi Takashi , Miyazawa Kazunari , Yasuda Shigeo , Onishi Hiroshi
Published: June 2024

We sought to identify potential evidence-practice gaps in palliative radiotherapy using quality indicators (QIs), previously developed using a modified Delphi method. Seven QIs were used to assess the quality of radiotherapy for bone metastases (BoM) and brain metastases (BrM). Compliance rate was calculated as the percentage of patients for whom recommended medical care was conducted. Random effects models were used to estimate the pooled compliance rates. Of the 39 invited radiation oncologists, 29 (74%) from 29 centers participated in the survey; 13 (45%) were academic and 16 (55%) were non-academic hospitals. For the QIs, except for BoM-4, the pooled compliance rates were higher than 80%; however, for at least some of the centers, the compliance rate was lower than these pooled rates. For BoM-4 regarding steroid use concurrent with radiotherapy for malignant spinal cord compression, the pooled compliance rate was as low as 32%. For BoM-1 regarding the choice of radiation schedule, the compliance rate was higher in academic hospitals than in non-academic hospitals (P = 0.021). For BrM-3 regarding the initiation of radiotherapy without delay, the compliance rate was lower in academic hospitals than in non-academic hospitals (P = 0.016). In conclusion, overall, compliance rates were high; however, for many QIs, practice remains to be improved in at least some centers. Steroids are infrequently used concurrently with radiotherapy for malignant spinal cord compression.
Evaluation of relative biological effectiveness for diseases of the circulatory system based on microdosimetry
Authors: Sato Tatsuhiko , Matsuya Yusuke , Hamada Nobuyuki
Published: June 2024

In the next decade, the International Commission on Radiological Protection (ICRP) will issue the next set of general recommendations, for which evaluation of relative biological effectiveness (RBE) for various types of tissue reactions would be needed. ICRP has recently classified diseases of the circulatory system (DCS) as a tissue reaction, but has not recommended RBE for DCS. We therefore evaluated the mean and uncertainty of RBE for DCS by applying a microdosimetric kinetic model specialized for RBE estimation of tissue reactions. For this purpose, we analyzed several RBE data for DCS determined by past animal experiments and evaluated the radius of the subnuclear domain best fit to each experiment as a single free parameter included in the model. Our analysis suggested that RBE for DCS tends to be lower than that for skin reactions, and their difference was borderline significant due to large variances of the evaluated parameters. We also found that RBE for DCS following mono-energetic neutron irradiation of the human body is much lower than that for skin reactions, particularly at the thermal energy and around 1 MeV. This tendency is considered attributable not only to the intrinsic difference of neutron RBE between skin reactions and DCS but also to the difference in the contributions of secondary γ-rays to the total absorbed doses between their target organs. These findings will help determine RBE by ICRP for preventing tissue reactions.
Spatio-temporal plant hormonomics: from tissue to subcellular resolution
Authors: Petřík Ivan , Hladík Pavel , Zhang Chao , Pěnčík Aleš , Novák Ondřej
Published: June 2024

Due to technological advances in mass spectrometry, significant progress has been achieved recently in plant hormone research. Nowadays, plant hormonomics is well established as a fully integrated scientific field focused on the analysis of phytohormones, mainly on their isolation, identification, and spatiotemporal quantification in plants. This review represents a comprehensive meta-study of the advances in the phytohormone analysis by mass spectrometry over the past decade. To address current trends and future perspectives, Web of Science data were systematically collected and key features such as mass spectrometry-based analyses were evaluated using multivariate data analysis methods. Our findings showed that plant hormonomics is currently divided into targeted and untargeted approaches. Both aim to miniaturize the sample, allowing high-resolution quantification to be covered in plant organs as well as subcellular compartments. Therefore, we can study plant hormone biosynthesis, metabolism, and signalling at a spatio-temporal resolution. Moreover, this trend has recently been accelerated by technological advances such as fluorescence-activated cell sorting or mass spectrometry imaging.
Article 5(b) of the 1970 UNESCO Convention: National Inventories
Authors: Sophie Vigneron
Published: June 2024

This chapter considers the provisions concerning national inventories under Article 5(b) of the 1970 UNESCO Convention. Inventories and lists required by Article 5(b) contribute to the identification of cultural property. Even though most States Parties to the 1970 Convention have a regulatory framework that provides for national inventories, there are serious shortfalls in the implementation of existing frameworks, such as managing resources and creating centralized national inventories. The chapter then details the drafting history of the provision that involved underlining the cost and feasibility of inventorying. It explains that the adoption of the Object ID Standard allowed the harmonization of objects being recorded in an inventory.
Article 5(e) of the 1970 UNESCO Convention: Ethics
Authors: Manlio Frigo
Published: June 2024

This chapter explains the notion of ethics presented in Article 5(e) of the 1970 UNESCO Convention. It notes how Article 5 expresses in concrete terms the aim and the spirit of the preamble regarding the protection of cultural property and collections built under recognised moral principles. The interpretation of Article 5(e) includes imposing the duty of setting up national services among States Parties to establish ethical guidelines for collectors and curators. The chapter then details the drafting history and implementation of the 1970 UNESCO Convention's Article 5(e). Moreover, despite its ambiguousness, Article 5(e) refers to the binding law rules inspired by the ethical principles outlined in the Convention and to non-binding rules.
Article 5(f) and 5(g) of the 1970 UNESCO Convention: Education and Publicity
Authors: Arie Afriansyah
Published: June 2024

This chapter focuses on Article 5(f) and Article 5(g) of the 1970 UNESCO Convention. It explains the rationale and the mechanics of the obligation of states to raise public awareness and disseminate information on lost cultural property under the Convention. While the Hague Convention focused on preserving cultural property during armed conflict and military occupation, the UNESCO Convention focuses primarily on conduct that occurs during times of peace. Article 5(f) aims to protect cultural property against illicit trade, export, and transfer of ownership by taking preventative steps. Meanwhile, Article 5(g) necessitates proper publicity for cultural objects that disappear through illegal activity. The chapter cites that heritage awareness is vital for the protection of cultural property.
Article 7(b)(ii) of the 1970 UNESCO Convention: Cooperation for the Return of Cultural Property
Authors: Stephen K Urice , Gideon A Levy
Published: June 2024

This chapter looks into the cooperation of States Parties for the return of cultural property as per Article 7(b)(ii) of the 1970 UNESCO Convention. In correlation with the restrictions of Article 7(b)(i), Article 7(b)(ii) establishes a straightforward means for property’s recovery and return. The chapter explores the drafting history, implementation, and key provisions of Article 7(b)(ii) of the Convention. Despite the history of the Convention's development concerning political situations and the adoption of major market nations, the Convention and Article 7(b)(ii) still stand as imperfect yet stunningly remarkable achievements. States Parties have impressed the language of Article 7(b)(ii) with their interpretations in line with the general goals and purposes of the Convention and their domestic legislation and political realities.
Article 10 of the 1970 UNESCO Convention: National Measures Related to Non-State Actors
Authors: Janet Ulph
Published: June 2024

This chapter discusses the overview and critical analysis of Article 10 of the 1970 UNESCO Convention. It explains the provision's aim to protect the cultural heritage of every country in the world while fostering international cooperation to effectively fight the movement and transfer of ownership of stolen, illegally excavated, or unlawfully exported cultural objects. Additionally, the 1970 Convention requires States Parties to review their domestic laws and its ethical principles. The chapter considers Article 10's drafting history and its modern relevance on identifying transfers of illicit goods and deterring reckless transactions. Since Article 10 requires dealers to provide a record of the cultural item, it resulted in some dealers creating a false provenance.
Article 12 of the 1970 UNESCO Convention: International Administration Clause
Authors: Clémentine Bories
Published: June 2024

This chapter looks into international administration clauses indicated within Article 12 of the 1970 UNESCO Convention. The provision ensures the protection of the cultural heritage of diverse territories of specific legal and geographical status. The non-colonial clause's aim is only partly clear despite imposing the duty of respecting the cultural heritage of those territories and taking all appropriate measures to prohibit and prevent the illicit import, export, and transfer of ownership of cultural property. The chapter mentions that Article 12 has little practical consequence while referencing the legal regime being bypassed or considered as non-contradictory to the principle of self-determination. It explores a wider historical context of Article 12 of the 1970 Convention before detailing its drafting process and ambiguities.
Article 13 of the 1970 UNESCO Convention: Requirements of National Laws
Authors: Evelien Campfens
Published: June 2024

This chapter focuses on the definition and implementation of Article 13 of the 1970 UNESCO Convention. It highlights the requirements of national law, which includes the comprehensive system for restitution of misappropriated cultural objects. Even though Article 13 is mostly dismissed as insignificant due to its non-committal and unspecific character, it is still one of the cornerstones of the 1970 UNESCO Convention. Article 13 urges States to prevent the illicit trade in cultural objects, enable restitution, and recognize the indefeasible right of States over their cultural patrimony. However, the provision does not give direction on how States are expected to regulate these matters.
Article 3 of the 1995 UNIDROIT Convention: Claims for Restitution of Stolen Cultural Objects
Authors: Alicja Jagielska-Burduk , Derek Fincham
Published: June 2024

This chapter looks into Article 3 of the 1995 UNIDROIT Convention, which is concerned with claims for the restitution of stolen cultural objects and the position of good faith possessors of stolen cultural objects. The chapter stresses that the illicit trade in cultural objects thrives because of differing laws and approaches to regulating the international art market. Thus, the provision was expected to work practically in the diverse set of legal traditions all over the world.
Article 6 of the 1995 UNIDROIT Convention: Possessor’s Rights and Claims for Return of Cultural Objects
Authors: Bert Demarsin
Published: June 2024

This chapter focuses on the possessor’s rights relating to claims for the return of cultural objects and provides an overview of the drafting history of Article 6 before detailing its role and meaning within the Convention framework. The chapter explains that Article 6 serves as a counterweight against the right to restitution.
Article 8 of the 1995 UNIDROIT Convention: Choice of Forum
Authors: Tamás Szabados
Published: June 2024

This chapter covers the drafting history and implementation of Article 8 of the 1995 UNIDROIT Convention. Article 8 contains provisions on the determination of jurisdiction, including an alternative ground of jurisdiction based on the location of stolen or illegally exported cultural objects. The chapter also considers the criticisms surrounding Article 8(2) concerning the possibility of forum selection for the parties. As per Article 8(3), the UNIDROIT Convention attempts to ensure the physical integrity of the cultural objects under dispute while a procedure is pending.
The 1970 UNESCO and the 1995 UNIDROIT Conventions, the 2005 Convention on Cultural Diversity, and International Trade Law
Authors: Mira Burri
Published: June 2024

This chapter looks into the contestations around trade and culture. It focuses on the interfaces between the legal framework under 1970 UNESCO and the 1995 UNIDROIT Conventions, the 2005 Convention on Cultural Diversity and international trade law. The legal framework for cultural property protection takes account of both tangible and intangible cultural heritage and contemporary ‘living’ culture. The chapter considers the fragmentation of the rule-frameworks due to persisting diverge, legal ambiguity and fuzziness, despite the inherent linkage between trade and culture. It explains that flexibilities to interface trade and safeguarding cultural property have not been sufficiently tested under the umbrella of the WTO and the avenues of free trade agreements.
Use of Terms
Authors: Calderoni Francesco
Published: June 2024

This chapter discusses how Article 2 defines several terms indicated in different articles across the United Nations Convention against Transnational Organized Crime (UNTOC). Most definitions are taken from previous treaties, particularly from the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. For years, the challenges of legally defining organized crime limited international cooperation and multilateral instruments. The article provides an overview of the definition and elements of an organized criminal group. The notion of serious crime performs two crucial functions in the system of UNTOC: providing one of the most clearly understandable definitory elements of organized criminal groups and delineating the scope of the Convention.
Criminalization of the Laundering of Proceeds of Crime
Authors: Calderoni Francesco
Published: June 2024

This chapter focuses on Article 6 addressing the criminalization of money laundering. It primarily complements the preventive measures established in Article 7 of the United Nations Convention against Transnational Organized Crime (UNTOC). The provision's general obligation aims to criminalize the laundering of the proceeds of crime and to include all serious crimes as defined in Article 2(b) and the other offences established in accordance with the Convention. Moreover, Article 6 is one step in the process of expansion of the global anti-money laundering regime. The growth of the global anti-money laundering regime has substantially improved the consistency of national laws and supported international cooperation.
Prosecution, Adjudication and Sanctions
Authors: Calderoni Francesco
Published: June 2024

This chapter elaborates on Article 11 exploring the notion of prosecution, adjudication, and sanctions in the United Nations Convention against Transnational Organized Crime (UNTOC). It looks into the provision’s flexible obligations that are largely inspired by corresponding provisions of the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Moreover, the flexibility leaves the actual implementation to States Parties according to their legal traditions and national systems. Thus, Article 11 highlights the importance of effective sanctions in law and application. The chapter provides the interpretation and general remarks of Article 11 regarding its scope and wording nuances in different paragraphs.
Confiscation and Seizure
Authors: Mancuso Enrico Maria
Published: June 2024

This chapter looks into Article 12 of the United Nations Convention against Transnational Organized Crime (UNTOC). It acknowledges the central role of confiscation in the fight against organized crime and its profits. Confiscation became a deterrent for profit-driven crime, whilst simultaneously depriving organized criminal groups of material resources, which may be used to commit other crimes or to defile the legal economy. The chapter cites Article 12's aims to ensure effective forms of confiscation and seizure, following actual investigations. It tackles the history of negotiation behind the provision, which involves the 1988 Drug Trafficking Convention and the United Nations Convention against Corruption (UNCAC).
International Cooperation for Purposes of Confiscation
Authors: Mancuso Enrico Maria
Published: June 2024

This chapter explains that Article 13 of the United Nations Convention against Transnational Organized Crime (UNTOC) mainly covers international cooperation issues, particularly ad hoc procedures for confiscation. The relevancy of procedures correlates to fighting serious transnational organized crime, especially since criminals frequently seek to hide proceeds and instrumentalities of crime in more than one jurisdiction to escape law enforcement. International cooperation is vital to ensure that criminals do not take advantage of national borders and differences in legal systems to retain their illegal profits. The chapter details the interpretation of Article 13 in employing international cooperation for the purpose of confiscation. It then explains the requirements needed in the event of a request for a confiscation order.
Transfer of Sentenced Persons
Authors: Schloenhardt Andreas
Published: June 2024

This chapter explores Article 17 of the United Nations Convention against Transnational Organized Crime (UNTOC). Due to increasing transnational criminal activity, the transfer of sentenced persons allows for a person who is convicted and sentenced to a term of imprisonment involving deprivation of liberty in one State to serve their sentence in another State. Additionally, the transfer of sentenced persons is mostly driven by human rights considerations, which allow persons to serve their sentence with the goals of rehabilitation and reintegration. The chapter explains that the transfer of sentenced persons originates in the enforcement of foreign sentences in the context of extradition proceedings. It notes the basis of Article 17 from the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Mutual Legal Assistance
Authors: Schloenhardt Andreas
Published: June 2024

This chapter considers the notion of mutual legal assistance (MLA) indicated in Article 18 of the United Nations Convention against Transnational Organized Crime (UNTOC). MLA allows States to receive and provide assistance for gathering evidence for investigations and prosecutions. Thus, mutual legal assistance is mostly enshrined in treaties as one of the earliest multilateral instruments was the Council of Europe’s European Convention on Mutual Assistance in Criminal Matters of 1959. Moreover, Article 18 is based in large parts on the 1988 Drug Trafficking Convention and the United Nations Convention against Corruption. The chapter explains how Article 18 applies to international cooperation in the identification, tracing, and seizure of proceeds of crime, property, and instrumentalities.
Joint Investigations
Authors: Schloenhardt Andreas
Published: June 2024

This chapter looks into Article 18 of the United Nations Convention against Transnational Organized Crime (UNTOC). It explains the significance of joint investigation in investigating and prosecuting complex transnational organized crime cases. The establishment of joint investigation teams allows the direct transmission of information without needing formal mutual legal assistance channels. Article 19 encourages States Parties to consider the development of bilateral multilateral arrangements regarding the establishment of joint investigative bodies. The chapter cites the interpretation of Article 19 regarding the nature and scope of its obligation. It enumerates the types of joint investigations, such as joint parallel investigations and passive integration.
Special Investigative Techniques
Authors: Schloenhardt Andreas
Published: June 2024

This chapter details the special investigative techniques within Article 20 of the United Nations Convention against Transnational Organized Crime (UNTOC). Special investigative techniques may be extremely useful when law enforcement agencies struggle to infiltrate organized criminal groups and gather information about their organization. Article 20 promotes the use of special investigative techniques to uncover, investigate, and prosecute organized crime more effectively under the condition that the use of these techniques does not infringe on basic principles of the domestic legal system. The chapter mentions the basis of Article 20 of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. It considers the use of special investigative techniques at the domestic level.
Transfer of Criminal Proceedings
Authors: Schloenhardt Andreas
Published: June 2024

This chapter examines Article 21 of the United Nations Convention against Transnational Organized Crime (UNTOC). Due to the nature of transnational organized crime, more than one jurisdiction is involved so States can commence or continue an investigation. The possibility of transferring criminal proceedings from one State to another can increase the likelihood of the success of a prosecution. Thus, Article 21 encourages States Parties to transfer criminal proceedings for offences under the Convention and Protocols from one State to another if this is in the interest of the proper administration of justice. The chapter clarifies that the provision does not obligate States to transfer proceedings as it simply establishes basic prerequisites for the transfer.
Criminalization of Obstruction of Justice
Authors: Schloenhardt Andreas , Taylor Matthew R
Published: June 2024

This chapter elaborates on the criminalization of obstruction of justice indicated in Article 23 of United Nations Convention against Transnational Organized Crime (UNTOC). It acknowledges how organized criminal groups sometimes employ threats, violence, coercion, or corruption to influence the criminal justice system. Article 23 helps to shield criminal proceedings and those involved in the proceedings by criminalizing such acts of obstruction of justice. The objectives of Article 23 include the prevention, denouncement, and protection of individuals from violence and intimidation and the proper functioning of the criminal justice system itself. The chapter also expounds on the interpretation of Article 23.
Assistance to and Protection of Victims
Authors: Lelliott Joseph
Published: June 2024

This chapter examines Article 25 of the United Nations Convention against Transnational Organized Crime (UNTOC). It explains how the provision addresses the offences that involve harm to persons and the obligations of States Parties to provide victims with access to compensation and restitution. Article 25 reflects several key principles of justice for victims of crime, which include the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The chapter acknowledges that the determination and identification of a victim are not defined in UNTOC, but the United Nations Office on Drugs and Crime offered recourse to its definition. It also mentions the obligation of States Parties to facilitate the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings.
Training and Technical Assistance
Authors: Taylor Matthew R
Published: June 2024

This chapter focuses on Article 29 of the United Nations Convention against Transnational Organized Crime (UNTOC). Due to the development of robust laws, policies, and procedures to combat transnational organized crime, Article 29 requires States Parties to take action to support training and people as a critical component of effective anti-crime responses. The provision considers the training on mutual legal assistance and extradition reflecting the value grounded in the objectives underpinning its development. The chapter considers the origins of Article 29 from the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. It elaborates on the negotiating history and interpretation of Article 29.
Other Measures: Implementation of the Convention through Economic Development and Technical Assistance
Authors: Taylor Matthew R
Published: June 2024

This chapter examines Article 30 of the United Nations Convention against Transnational Organized Crime (UNTOC). Article 30 indicates that meaningful actions against organized crime must be comprehensive and collaborative. Moreover, the article acknowledges that transnational organized crime affects all countries, their institutions and the very fabric of society, so all nations must gather support to combat it. The chapter highlights international cooperation as vital to addressing the harms of organized crime and supporting the optimal implementation of the treaty. It considers the challenges faced by developing countries in implementing their obligations under UNTOC and the Protocols in the absence of financial and material assistance from other States Parties or international organizations.
Denunciation
Authors: Schloenhardt Andreas
Published: June 2024

This chapter details the notion of denunciation indicated in Article 40 of the United Nations Convention against Transnational Organized Crime (UNTOC). In international law, denunciation refers to how a State terminates its engagement and obligations under a treaty. The chapter explains the process of how States Parties may withdraw from the Convention and the denunciation conditions. Meanwhile, Article 40’s denunciation provision is a common clause found in multilateral treaties and complements general provisions in the Vienna Convention on the Law of Treaties. The chapter clarifies that denunciation of the Convention also results in denunciation of any of the States' protocols due to the special relationship between UNTOC and its supplementary protocols.
Depositary and Languages
Authors: Schloenhardt Andreas
Published: June 2024

This chapter explores the correlation between depositary and languages, according to Article 41 of the United Nations Convention against Transnational Organized Crime (UNTOC). The first paragraph of Article 41 assigns the Secretary-General of the United Nations as the depositary of the Convention. On the other hand, the second paragraph focuses on the six authentic languages of the Convention: Chinese, English, French, Russian, and Spanish languages. The chapter explains how both clauses are common to most multilateral treaties. It also elaborates on the negotiating history of Article 41 which involved the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Introduction
Authors: McAdam Marika , Lelliott Joseph
Published: June 2024

This introductory chapter provides a background of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol). The Protocol is the first universal legally binding instrument to define and address all aspects of trafficking in persons. It adopts ‘a comprehensive international approach’, commonly referred to as the ‘3P’ approach (prevention, prosecution, and protection). The chapter then explains the problem of trafficking in persons—the recruitment, transportation, transfer, harbouring, or receipt of people, using means such as force, fraud, or deception to exploit them. It traces the trafficking conventions, international human rights conventions, and regional instruments that preceded the Protocol. Since its entry into force on 25 December 2003, the Trafficking in Persons Protocol has continued to play a central role in framing counter-trafficking efforts and informing understanding of what ‘trafficking in persons’ is.
Preamble
Authors: Taylor Matthew R
Published: June 2024

This chapter discusses the Preamble of the Trafficking in Persons Protocol. Two themes that feature prominently in anti-trafficking discourse emerge from the Preamble’s first clause: (1) the importance of international cooperation; and (2) the need for a multi-disciplinary approach encompassing prevention, protection, and prosecution. The second clause recognizes that prior to the adoption of the Protocol, there was no universally accepted definition of trafficking in persons and no comprehensive legal framework to address trafficking in all its forms. Meanwhile, the third clause emphasizes the risk of not proceeding with a new international instrument and the expected lack of protection for victims. The fourth clause builds on the second and provides useful historical context that led to the establishment of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime and the international legal instruments against trafficking in women and children. Finally, the fifth clause links back to the parent Convention, the measures contained therein, and their ultimate utility to combatting trafficking in persons.
Statement of Purpose
Authors: Taylor Matthew R
Published: June 2024

This chapter evaluates the statement of purpose of the Trafficking in Persons Protocol, which reflects its overall objectives: prevention, protection, prosecution, and partnerships. Subparagraph (a) addresses prevention and criminal justice responses. Like the Protocol itself, it acknowledges the specific focus to be paid on women and children. Subparagraph (b) identifies the importance of protection efforts and the need to respect the human rights of victims. Meanwhile, subparagraph (c) speaks to the importance of international cooperation in meeting the overall objectives of the Protocol. Cooperation can take many forms: between national authorities of a government, between national authorities and civil society, between governments and other government, between governments and regional or international organizations, between organizations and different permutations of all the above.
Status of Victims of Trafficking in Receiving States
Authors: Lelliott Joseph
Published: June 2024

This chapter explores Article 7 of the Trafficking in Persons Protocol. During the drafting of the Protocol, States were careful to avoid granting a right to victims of trafficking to remain in countries to which they are trafficked, out of a concern that doing so might facilitate irregular migration and prevent enforcement of immigration laws. Nonetheless, there has long been recognition that victims may need to remain in a host country, either temporarily or permanently, for various reasons. In practice, some States have created special types of status for victims of trafficking. Article 7 is discretionary and simply requires States to give due regard to humanitarian and compassionate factors and ‘consider’ permitting victims of trafficking to remain in appropriate cases. It may be noted that more concrete obligations to provide access to recovery and reflection periods and temporary status have been articulated in other materials and instruments.
Information Exchange and Training
Authors: Taylor Matthew R
Published: June 2024

This chapter explains Article 10 of the Trafficking in Persons Protocol. The collection and sharing of accurate information on cases of trafficking in persons, as well as the routes, means, and methods used by criminal groups to perpetrate the crime, is key to prevention and punishment efforts, as well as identification and protection of victims. Paragraph 1 focuses on international cooperation, specifically information exchange, between police, immigration, and other relevant authorities to identify and disrupt transnational trafficking in persons cases. Information exchange may be formal and accomplished by means of mutual legal assistance requests, though nothing in Article 10 precludes cooperation between law enforcement officials through informal means. Meanwhile, paragraph 2 requires States Parties to train law enforcement, immigration, and other relevant officials to be able to effectively address trafficking in persons. Paragraph 3 requires States Parties to comply with requests for information by other States Parties and permits restrictions to be placed on the use of such information.
Saving Clause
Authors: Lelliott Joseph
Published: June 2024

This chapter evaluates Article 14 of the Trafficking in Persons Protocol. Although Article 14 acts as a general saving clause, which regulates the relationship between the Protocol and all other international law, it places special emphasis on the rules of international humanitarian, human rights, and refugee law. It calls particular attention to the fundamental principles of non-refoulement and non-discrimination. In light of the Protocol’s insubstantial victim protection provisions, this aspect of Article 14 is key to ensuring the human rights of trafficked persons, who commonly experience significant harm caused by their trafficking as well as States’ anti-trafficking and broader migration control efforts. Together, the two paragraphs of Article 14 remind States that they must not use measures that discriminate against or otherwise adversely affect the rights of individuals, including their access to international protection.
Amendment
Authors: Schloenhardt Andreas
Published: June 2024

This chapter describes Article 18 of the Trafficking in Persons Protocol, which sets out the process to amend the Protocol. Using the same text as Article 39 of UNTOC and the equivalent provisions under the other protocols, this process is based on the general rules for formal changes to international treaties, set out in Articles 39 and 40 of the Vienna Convention on the Law of Treaties. Article 18(1) of the Protocol stipulates how proposals to amend the Protocol can be submitted, circulated, and adopted. Paragraph 2 spells out the specific role of regional economic integration organizations if amendments are voted on. Paragraphs 3 to 5 concern the entry into force of any amendment. At the time of writing, no proposals to amend the text of the Protocol had been submitted by any State Party.
Denunciation
Authors: Schloenhardt Andreas
Published: June 2024

This chapter explores Article 19 of the Trafficking in Persons Protocol. Article 19—which is based on Article 40 of UNTOC—sets out the process of how States Parties may withdraw from (‘denounce’) the Protocol and the conditions under which the denunciation may take place. Under Article 19(1), States Parties may withdraw unilaterally from the Protocol by notifying the UN Secretary-General. Pursuant to paragraph 2, regional economic integration organizations cease to be a Party to UNTOC once all of its Member States have withdrawn. Because of the special relationship between UNTOC and its supplementary protocols (art 37 UNTOC and art 1 of each Protocol), pursuant to Article 40(3) of UNTOC denunciation of the Convention also results in denunciation of any of the protocols to which the State is a party.
Depositary and Languages
Authors: Schloenhardt Andreas
Published: June 2024

This chapter studies Article 20 of the Trafficking in Persons Protocol, which addresses two separate issues. Paragraph 1 designates the UN Secretary-General as the depositary of the Convention. Paragraph 2 lists the six authentic languages of the Convention. Article 8(2) and (3) of the draft presented to the Ad Hoc Committee stated that instruments of ratification and accession shall be deposited with the Secretary-General. This Article became Article 17 at the first session. At the sixth session, a separate article on ‘languages and depositary’, using the same text as the final version, was added. Article 20 uses the same language as Article 41 of UNTOC and reference is made to the commentary on that Article.
Cooperation
Authors: Lelliott Joseph
Published: June 2024

This chapter assesses Article 7 of the Smuggling of Migrants Protocol. Chapter II of the Protocol essentially creates a cooperation framework for action against migrant smuggling by sea. Consistent with this purpose, Article 7 places an overarching obligation on States Parties to cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea. It confirms that any measures taken to this end must conform to States’ obligations under the international law of the sea. Though very brief, Article 7’s mandate that States Parties cooperate in accordance with the law of the sea has implications for what has proved the primary mechanism for combatting maritime smuggling: the interdiction of smuggling vessels.