bluuebunny/crossref_metadata_2025_split huggingface dataset:
Settlement of Disputes
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter looks into Article 35 of the United Nations Convention against Transnational Organized Crime (UNTOC). It cites how the provision provides several avenues for the settlement of disputes between States Parties over the interpretation or application of UNTOC. Negotiation takes the first step in seeking a solution when disputes arise before being followed by arbitration, and then a referral to the International Court of Justice (ICJ). The chapter notes how multilateral treaties commonly contain detailed dispute resolution provisions. Thus, Article 35 follows the provision of the Charter of the United Nations by outlining the various methods of the settlement of disputes.
Relation with Protocols
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter explains the relationship between the United Nations Convention against Transnational Organized Crime (UNTOC) and protocols. It focuses on Article 37, wherein the separation of specific crimes influenced the initial design and drafting of the Convention. States are mandated to become a Party to the Convention before they can become a Party to a Protocol. Meanwhile, Protocols must be interpreted under the understanding of the Convention that contains general provisions concerning all forms of organized crime. The chapter notes how the UNTOC is supplemented by additional Protocols, citing that Protocols need separate ratification and accession, so they should be interpreted in line with the Convention.
Relation with the United Nations Convention against Transnational Organized Crime
Authors: Calderoni Francesco 
Published: June 2024

Abstract
This chapter examines Article 1 of the Trafficking in Persons Protocol. The text of Article 1(1) clarifies the relation between the Protocol and the United Nations Convention against Transnational Organized Crime. Indeed, a State must be a Party to the Convention to become a Party to any Protocol. Meanwhile, the main aim of paragraph 2 is to introduce a minimum of flexibility in the interpretation of the Convention provisions when they are applied to the Protocol. Paragraph 3 complements paragraph 2 by offering a specific provision for the criminalization of Trafficking in Persons. It can be interpreted so that any Articles referring to ‘offences covered by this Convention’ could be applied to the offences established in accordance with the Protocols.
Criminalization
Authors: Lelliott Joseph 
Published: June 2024

Abstract
This chapter addresses Article 5 of the Trafficking in Persons Protocol. The obligation to criminalize is necessary to give effect to the purposes of the Protocol and prevent, combat, and punish trafficking. Article 5 requires States Parties to criminalize trafficking as defined in Article 3(a) of the Protocol. In addition to criminalizing principal offenders and the completed offence, States Parties are further obliged to extend criminalization to attempts to traffic, as well as to persons who knowingly participate as accomplices in, or organize or direct, trafficking ventures. Criminalization of trafficking based on a widely agreed definition of the crime is key to cooperation between States, such as where extradition is dependent on the principle of dual criminality. The chapter then looks at the principle of ‘non-punishment’ for victims who were coerced or compelled to participate in trafficking conduct.
Prevention of Trafficking in Persons
Authors: Lelliott Joseph 
Published: June 2024

Abstract
This chapter highlights Article 9 of the Trafficking in Persons Protocol. While the dynamics of trafficking are not fully understood, and its causes many and complex, preventive measures can be said to broadly address three categories of factors: those that (1) increase the vulnerability of those at risk of trafficking; (2) create demand for trafficking and the goods and services produced by victims; and (3) allow traffickers to operate with impunity. In addition to a general obligation to prevent and combat trafficking, Article 9 requires States Parties to protect victims from re-victimization; undertake research, information and media campaigns, and social and economic initiatives; address factors that make persons vulnerable to trafficking; and discourage demand. The Protocol’s prevention obligations are properly situated in the context of States’ duty under international law to exercise due diligence and take all reasonable measures to prevent violations of human rights. Measures to prevent trafficking must themselves also be consistent with States’ obligations under international human rights law and, in particular, the prohibition against discrimination.
Border Measures
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This chapter reviews Article 11 of the Trafficking in Persons Protocol. Though transnational movement is not a necessary element of trafficking in persons, it is not uncommon for the crime to involve the transport of victims across international borders. Consequently, the border may be the first opportunity for States to detect and prevent cases of trafficking, notwithstanding the well-recognized difficulties of identifying victims at borders. Article 11 purports to focus on border measures, though the activities identified within it extend beyond States’ physical borders. Four primary ideas are reflected in this Article: (1) that States Parties should strengthen border measures to prevent and detect trafficking in persons; (2) that specific measures should be taken to deter and respond to trafficking facilitated through the use of commercial carriers; (3) that States Parties should impose immigration consequences on those who engage or are otherwise implicated in trafficking; and, (4) that cooperation between border agencies of States Parties is important in responding to trafficking.
Security and Control of Documents
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This chapter discusses Article 12 of the Trafficking in Persons Protocol. Article 12 addresses the role that travel and identity documents play in facilitating the trafficking of persons. It does this by focusing on steps that States Parties can take in relation to document creation, issuance, and quality, with the ultimate goal of implementing processes that cannot be abused and producing documents that cannot be easily forged or fraudulently used. This Article is identical to Article 12 of the Smuggling of Migrants Protocol and both should be interpreted consistently. The content of Article 12 of the Trafficking in Persons Protocol is also reflected in some regional trafficking instruments. Article 12 is one of the many articles in the Convention and Protocols that is dependent upon resources and technological advancement that comes along with them for meaningful implementation.
Legitimacy and Validity of Documents
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This chapter examines Article 13 of the Trafficking in Persons Protocol. Article 13 is identical in its purpose and scope to Article 13 of the Smuggling of Migrants Protocol and is consistent with the overarching objectives of UNTOC concerning international cooperation. It requires a State Party, where requested by another Party, to verify within a reasonable time whether a document purporting to have been issued by it is legitimate and valid. The purpose of Article 13 is linked closely to the key objectives of the Protocol itself: the prosecution of trafficking in persons cases and international cooperation to that end. Action pursued under this Article can be important at the investigative stage, where verification can play a critical role in supporting the laying of criminal charges against traffickers. Document verification is also important for ensuring appropriate responses to victims including, as appropriate, the repatriation of victims.
Settlement of Disputes
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter focuses on Article 15 of the Trafficking in Persons Protocol. Article 15 provides several avenues for the settlement of disputes between States Parties over the interpretation or application of the Protocol. As a first step, it encourages States Parties to settle their disputes through negotiations. If negotiations fail to produce an outcome, as a second step, the dispute may be submitted to arbitration. Thirdly, if the arbitration did not result in an agreement within six months, the dispute may be referred to the International Court of Justice (ICJ). Article 15(3) permits States Parties to opt out of arbitration and ICJ processes by making a reservation; that reservation may later be withdrawn pursuant to Article 15(4).
Signature, Ratification, Acceptance, Approval and Accession
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter assesses Article 16 of the Trafficking in Persons Protocol. Article 16 sets out the process by which States as well as regional economic integration organizations can become parties to the Protocol and thus be bound by it. Paragraph (1) specifies the time period for which the Protocol is open for signature. After this period, States and regional economic integration organizations can join by ratification, acceptance, approval, and accession. The text of Article 16 is the same as that of Article 36 of UNTOC and reference is made to the commentary provided on that Article. Following the removal of references to reservation to provisions of the Protocol, an Interpretative Note was added, stating that ‘while the protocol has no specific provisions on reservations, it is understood that the Vienna Convention on the Law of Treaties of 1969 applies regarding reservations’.
Statement of Purpose
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This chapter reviews Article 2 of the Smuggling of Migrants Protocol. Like preambles, statements of purpose help to inform the overall interpretation of a treaty. The final text of the statement of purpose in Article 2 is a single paragraph and emphasizes three primary objectives: (1) preventing and combating smuggling of migrants; (2) international cooperation to support the first objective; and (3) protecting the rights of smuggled migrants. Protecting the rights of smuggled migrants was not an immediate priority for the drafters of the Smuggling of Migrants Protocol and explicit acknowledgement of the need to safeguard the rights of smuggled persons in Article 2 did not come until late in the negotiations. The Protocol as a whole is principally a criminal justice instrument; as such, obligations pertaining to the protection of smuggled migrants are quite vague and do not create any new rights for smuggled persons.
Criminal Liability of Migrants
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter evaluates Article 5 of the Smuggling of Migrants Protocol. Article 5 recognizes that smuggled migrants should not be criminalized merely for being the object of the offence of migrant smuggling, an obligation that closely resembles similar non-criminalization principles in international refugee law. Indeed, the right of displaced persons to seek protection without fear of retribution is one of the most fundamental precepts on which international refugee law is built. The basic effect of Article 5 is to shield smuggled migrants from criminal prosecution arising from the fact of having been smuggled. This limitation on the scope of criminalization under the Protocol is an expression of the principle identified in the Legislative Guides, that ‘it is the smuggling of migrants and not migration itself which is the focus of criminalization’.
Criminalization
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This chapter focuses on Article 6 of the Smuggling of Migrants Protocol, which sets out the criminalization requirements. Paragraph 1 sets out three offences that must be established under domestic law: (a) the smuggling of migrants; (b) producing, procuring, providing, or possessing a fraudulent travel or identity document for the purpose of enabling the smuggling of migrants; and (c) enabling illegal stay. Paragraph 2 extends criminal liability to attempts, participants, organizers, and directors. Paragraph 3 requires States Parties to establish aggravated circumstances for cases in which the life and safety of migrants are put at risk or in which migrants are treated particularly poorly. Finally, paragraph 4 reserves States Parties the right to take measures against persons who commit offences under their domestic laws.
Border Measures
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This chapter studies Article 11 of the Smuggling of Migrants Protocol. While border controls are, to some degree, necessary to combat migrant smuggling, it is well-recognized that they may also contribute to the problem. Simply put, migrants who are unable to enter a State through legal avenues, and are also unable to evade border controls, may turn to the services of smugglers. This tension is reflected in, but not resolved by, the Smuggling of Migrants Protocol, which encourages respect for the free movement of peoples and respect for migrants’ human rights, including that to non-refoulement, while also requiring States Parties to strengthen border measures. Four primary ideas are reflected in Article 11: (1) that States Parties should strengthen border measures to prevent and detect migrant smuggling; (2) that specific measures, including criminal law measures, should be taken to deter and respond to smuggling facilitated through the use of commercial carriers; (3) that States Parties should impose immigration consequences on those who engage or are otherwise implicated in smuggling; and, (4) that cooperation between the border agencies of States Parties is important in responding to migrant smuggling.
Amendment
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This article sets out the process to make amendments to the Trafficking in Persons Protocol. It uses the same text as Article 39 of the United Nations Convention Against Transnational Organized Crime (UNTOC) and the equivalent provisions under the Protocol. It is also 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. The article stipulates how proposals to amend the Protocol can be submitted, circulated, and adopted. It spells out the specific role of regional economic integration organizations if amendments are voted on and concerns the entry into force of any amendment.
Relation with the United Nations Convention against Transnational Organized Crime
Authors: Calderoni Francesco 
Published: June 2024

Abstract
This article provides a background on how the protocol on firearms supplements the United Nations Convention against Transnational Organized Crime and interpreted together with the Convention. It ensures the coordination between the Convention and its Protocols. It also talks about the application of the Convention provisions to the Firearms Protocol whenever possible and with only the necessary adaptations due to the different topics. The article ensures that offences established according to criminalization provisions of the Protocols fall within the scope of application of the Convention. It mentions offences that shall be regarded as offences established in accordance with the Convention.
Criminalization
Authors: Block Johannes 
Published: June 2024

Abstract
This article considers the criminalization of firearms trafficking as one of the essential pillars of the Firearms Protocol’s approach. It mentions criminal prosecution that will be accompanied by confiscation of the relevant weapons and national legislation that ensures that the implementation of the Protocol creates the relevant links between certain measures. It also obliges States Parties to enact criminal law provisions to accompany and enforce the preventive provisions of the Protocol. The article covers criminalization requirements that target two stages of illicit firearms trade: the manufacturing and the trafficking of firearms, their parts and components, and ammunition, and the potential subsequent acts in the form of tampering with markings. It outlines offences, such as forms of complicity and attempt, that cover a plethora of acts that may vary greatly in their wrongfulness.
Marking of Firearms
Authors: Block Johannes 
Published: June 2024

Abstract
This article plays a crucial role for the success of any serious attempt at combatting the illicit arms trade, focusing on the unique identification markings on firearms. Unique markings are an important tool in combatting illegal trade and manufacture as they can show where the arms came from and how they entered into illegal circulation. It considers the traceability of firearms as a key element of preventing, combating, and eradicating illicit manufacture and trade. The article obliges States Parties to ensure that markings are applied to firearms in three cases: at the time of manufacture, at the time of import, and when firearms are transferred from State-use to permanent civilian use. It points out that marking requirements apply only to firearms and neither ammunition nor parts and components are subject to these obligations.
Security and Preventive Measures
Authors: Block Johannes 
Published: June 2024

Abstract
This article seeks to address the selling of surplus State stocks without proper authorization and the unauthorized diversion or reselling of firearms that were originally subject to authorized transactions, which is a potential source of illegal firearms for use in organized crime and armed violence. It obliges States Parties to implement security measures to prevent illegal firearms from ending up on the illicit market. It also favours a fragmentation of measures and controls at the national level instead of promoting an international standard of security and control measures. The article enhances the effectiveness of import, export, transit, and border controls as well as police and customs trans-border cooperation. It differentiates between measures which could be taken on a national level and those suited for regional and international levels.
Training and Technical Assistance
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This article recognizes that the enactment of new laws or the implementation of programmes or polices to combat the illicit activities and their links to organized crime are targeted by the Firearms Protocol is unlikely to be successful without also implementing training and technical assistance measures to ensure that those tasked with implementing relevant legal and regulatory frameworks have the ability and tools to do so. It complements other measures, such as the comprehensive provisions on training and technical assistance detailed in the United Nations Convention Against Transnational Organized Crime (UNTOC). It also itemizes specific areas of training that should be implemented, including tracing, intelligence gathering, and inspections at points of entry and exit. The article promotes the universal implementation of the Firearms Protocol’s substantive obligations. It contemplates the receipt of technical, financial, and material assistance.
Brokers and Brokering
Authors: Block Johannes 
Published: June 2024

Abstract
This article provides a basic, but non-mandatory set of rules to regulate and control the operations of firearms brokers. It considers brokers to be central in facilitating arms deals and can consequently play an important role in circumventing legal and factual impediments to such deals. Brokers find suppliers and arrange transfers, and if they cooperate with criminal elements may provide fraudulent or corruptly obtained documentation and arrange necessary finances for the respective deals. The article defines ‘brokering’ as activities that involve the arranging of transactions or transfers of firearms and ammunition by persons or companies that are not direct parties to the transactions and do not usually come into direct contact with, or gain possession of, the actual items. It suggests different approaches to regulating brokering activities, which could be established alone or in combination with other models.
Article 18 of the VCLT: Obligation not to defeat the object and purpose of a treaty prior to its entry into force
Authors: McRae Belinda 
Published: June 2024

Abstract
This entry examines Article 18 of the Vienna Convention on the Law of Treaties (VCLT), requiring that States must refrain from acts that would defeat a treaty's object and purpose. Article 18 VCLT has rarely featured in the decisions of international courts and tribunals. Domestic courts have applied it more frequently. Investment claimants have sought to accord Article 18 more significance than its terms can reasonably bear by seeking to use it as a vehicle for the provisional application of the treaty. However, investment tribunals have predominantly rejected these attempts. The entry concludes by expressing the hope that, as the decisions on Article 18 become more developed, the precise contours and textual limits of Article 18 will be borne firmly in mind, and that the domestic decisions properly recognizing those limits will be profitably deployed to assist that development.
Article 27 of the VCLT: Internal law and observance of treaties
Authors: Yotova Rumiana 
Published: June 2024

Abstract
This entry discusses internal law and observance of treaties in accordance with Article 27 of the Vienna Convention on the Law of Treaties (VCLT). According to the provision, a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. Moreover, the principle set out in Article 27 VCLT has been applied in the practice of States and international adjudication for a long time. Despite the long history of the principle, the interpretation of the content of Article 27 varies and is often interrelated to related principles extending its scope by binding states concerning their acts on the domestic plane. The entry then tackles the implementation of Article 27 in general international law, investment law, and arbitration.
Article 29 of the VCLT: Territorial scope
Authors: Lindsay Emma , Webb Philippa 
Published: June 2024

Abstract
This entry covers Article 29 of the Vienna Convention on the Law of Treaties (VCLT). The provision, composed of a general rule and an exception, provides guidance as to territorial scope of application of treaties. It sets out the general rule that a treaty applies to the entire territory of a state unless there is evidence of a contrary intention. The entry compares the interpretation and application of Article 29 by international courts and investor-State tribunals. While practice is scarce, alignment between the interpretation of international human rights treaties and investment treaties can be seen in the approach to recent cases involving the Russia–Ukraine conflict.
Parts IV and V of the VCLT: Amendment, invalidity, termination, and suspension of treaties
Authors: Sobota Luke , Keene Amelia 
Published: June 2024

Abstract
This entry elaborates on the principles of international law governing amendment, invalidity, termination, and suspension of treaties, as reflected in the Vienna Convention on the Law of Treaties (VCLT). It details how arbitral tribunals have applied these principles in the context of investment treaties, comparing this with the approach of other international courts, such as the International Court of Justice. It finds that in many cases, specific provisions on termination or amendment are established in the investment treaty itself, such that a tribunal need not have recourse to the VCLT rules. This is consonant with the scheme of the VCLT. The entry also finds that there are few areas of divergence between investment and non-investment contexts in applying Parts IV and V of the VCLT.