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This book offers a comprehensive, article-by-article legal commentary on the United Nations Convention Against Transnational Organized Crime and its Protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The Convention- often referred to by the acronym UNTOC- was approved by the UN General Assembly on 15 November 2000 and made available for governments to sign at a high-level conference in Palermo, the heartland of the Italian Mafia, on 12-15 December 2000. For this reason, UNTOC is sometimes also referred to as the 'Palermo Convention'. The Convention entered into force on 29 September 2003. The purpose of UNTOC is to promote cooperation to prevent and combat transnational organized crime more effectively. UNTOC seeks to promote consistency among national legal systems and set standards for domestic laws so that States parties can effectively combat transnational organized crime. UNTOC is supplemented by three protocols: the Protocol against the Smuggling of Migrants by Land, Air, and Sea, the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components, and Ammunition. Article by article, this books presents the text of each provision of the Convention and the Protocols, followed by a systematic analysis of their background and negotiating history, their interpretation by the Conference of the Parties and its working groups, in judicial decisions by domestic and international courts, , in the academic literature, and in official material published by international organisations, chief among them the United Nations Office on Drugs and Crime (UNODC), the guardian of UNTOC and the Protocols. The authors offer critical, scholarly commentary. The book serves as a compendium for those using, researching, or studying provisions under UNTOC and the Protocols and as a handbook for those charged with implementing and enforcing them.
The United Nations Convention against Corruption includes 71 articles, and takes a notably comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. As a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world, this treaty calls for scholarly study. This volume helps to fill a gap in existing academic literature by providing an invaluable reference work on the Convention. It provides systematic coverage of the treaty, with each chapter discussing the relevant travaux préparatoires, the text of the final article, comparisons with other anti-corruption treaties, and available information about domestic implementing legislation and enforcement. This commentary is designed to serve as a reference work for academics, lawyers, and policy-makers working in the anti-corruption field, and in the fields of transnational criminal law and domestic criminal law. Contributors include anti-corruption experts, scholars, and legal practitioners from around the globe.
This book documents the evolution of the United Nations (UN) Crime Programme and its changing priorities, from the early focus on juvenile delinquency and correctional treatment, to the present preoccupation with transnational organized crime. It analyses what factors have contributed to this evolution, and to the shift from the original work on “soft law” resolutions and international standards, to “hard law” conventions, and to the expansion of technical assistance. It also examines the changing structure and working methods of the Programme, such as the UN Crime Commission and the UN Secretariat unit responsible for the Programme, the UN Crime Congresses, and the Programme Network Institutes. Drawing on almost 50 years of experience on the “inside” of the UN Crime Programme and his hands-on knowledge of the working of governmental and intergovernmental processes, Matti Joutsen explores the transitions that have taken place in the UN Crime Programme over the seven decades of its existence, assesses the changing impact of the Programme, and suggests possible future directions in international cooperation in crime prevention and criminal justice. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics, criminal justice, policy makers, and those interested in the evolution of the UN Crime Programme.
This text analyses the various international legal instruments regulating people trafficking including treaties, 'soft law', and the definition contained in the UN Trafficking Protocol, and argues that trafficking in persons ought rightly to be considered a part of jus cogens.
Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.
This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.
Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.
Examining the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime.