bluuebunny/crossref_metadata_2025_split huggingface dataset:
Joint Investigations
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.
Measures to Combat Smuggling of Migrants by Sea
Authors: Lelliott Joseph 
Published: June 2024

Abstract
This chapter addresses Article 8 of the Smuggling of Migrants Protocol, which principally concerns law enforcement action against vessels used for migrant smuggling. As explained in the commentary on Article 7, it does not create new legal rules in this regard; rather, it places obligations on States Parties to cooperate within the framework of the international law of the sea. In particular, States Parties are required to respond to requests to assist in the suppression of smuggling vessels not flying their flag. They must also confirm the registry of vessels reasonably suspected of migrant smuggling when requested and, if they are the flag State, consider authorizing a requesting State Party to take action. To facilitate the making and receiving of requests, States Parties are required to establish administrative mechanisms. Article 8 also reinforces the right to visit stateless vessels on the high seas and, arguably, extends the ability of States Parties to take enforcement action against such vessels.
Safeguard Clauses
Authors: Lelliott Joseph 
Published: June 2024

Abstract
This chapter describes Article 9 of the Smuggling of Migrants Protocol. Article 9 sets out important safeguards for the measures States Parties may take against smuggling vessels, or those they have reasonable grounds to suspect are engaged in smuggling. Principally, Article 9 places limits on law enforcement actions permitted by Article 8 and, as such, should be read against its contents. It requires that measures taken against a vessel under Article 8 ensure the safety and humane treatment of persons on board and account for its security, commercial or legal interests in the vessel, and environmental considerations. Article 9 further requires that vessels are compensated for any loss or damage incurred where the suspected grounds for Article 8 measures are unfounded (and unjustified), mandates that measures are only carried out by certain government craft, and reaffirms the jurisdiction of coastal and flag States.
Legitimacy and Validity of Documents
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This article aims to prevent and combat the smuggling of migrants and international cooperation, seeking to decrease the risk of misuse of travel and identity documents. It requires a State Party to verify within a reasonable time whether a document purporting to have been issued by it is legitimate and valid. It is also identical to Article 13 of the Trafficking in Persons Protocol and similar obligations in regional trafficking instruments. The article is important in the investigative stage where verification can play a critical role in supporting the laying of criminal charges against smugglers. It references documents purported to be issued by a State Party as a useful means of verifying whether documents being reviewed by another State Party are authentic.
Training and Technical Cooperation
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This article complements the detailed obligations contained in Articles 29 and 30 of the United Nations Convention Against Transnational Organized Crime (UNTOC), which concern training, technical assistance, and other related measures. It helps to focus State practice in a manner that best reflects the objectives and purpose of the Smuggling of Migrants Protocol. It also requires States Parties to train their own officials to better prevent the smuggling of migrants, to cooperate with other States and organizations, and to consider providing technical assistance and resources to other States where appropriate. The article encompasses a prevailing theme that training efforts must include an explicit focus on the rights of migrants and their humane treatment. It recognizes the importance of training front-line personnel who are most likely to encounter smuggled migrants.
Other Prevention Measures
Authors: Lelliott Joseph 
Published: June 2024

Abstract
This article considers prevention efforts as a key part of a holistic response to the smuggling of migrants and a purpose of the Smuggling of Migrants Protocol. It has a preventive function from criminalization and cooperation at sea and targets the causes of such phenomenon. It also helps reduce the costs of investigating and prosecuting migrant smuggling, stops organized criminal groups from profiting from illegal activity, and helps avoid potential harms to smuggled migrants. The article addresses prevention, including those concerning information sharing, border measures, document controls, and training and technical cooperation. It concerns the supply side of smuggling by disseminating information to dissuade migrants from engaging smugglers and addressing the root causes of smuggling.
Signature, Ratification, Acceptance, Approval and Accession
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This article sets out the process by which States as well as regional economic integration organizations can become parties to the Smuggling of Migrants Protocol and be bound by it. It specifies the time 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 article emphasizes that the Protocol will be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed. It demonstrates the deposit of instruments of ratification, acceptance or approval with the Secretary-General of the United Nations.
Entry into Force
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This article sets out the conditions that need to be fulfilled for the Smuggling of Migrants Protocol to enter into force. The main requirement is the minimum number of 40 instruments of ratification, acceptance, approval, or accession which is followed by a 90-day waiting period. It defines the point in time when the Convention initially comes into force and concerns the entry into force for States and regional economic integration organizations that become bound after a determined date. The article points out that the Protocol entered into force on 28 January 2004. Any instrument deposited by a regional economic integration organization will not be counted as additional to those deposited by member States.